Can I Sue Workers' Comp for Pain and Suffering in South Carolina?

Pain and suffering - along with financial anxiety - often result from on the job injuries. And while you should receive medical care, payment for time missed from work, mileage reimbursements, and compensation for any permanent disability, South Carolina's workers' comp laws do not allow money for any of your other losses. In other words, workers' comp does not pay for pain and suffering....at least not directly.

Beyond Pain and Suffering in a Workers' Comp Case

doctor filling in medical records for a workers comp injuryHowever, your physical pain is an indication that you may require additional medical treatment or that you may be suffering from a permanent injury. Workers' compensation cases are often decided by the medical records. It is, therefore, critical that you tell your doctors and therapists about every issue caused by the work injury. So long as the medical providers know that you are in pain, struggling with lost range of motion, and unable to perform the same duties as before the accident - yet doing your best to recover - the medical records ought to provide the evidence necessary to achieve a fair financial result. You should never exaggerate your pain levels or limitations, but you must be honest and thorough when the doctor asks, "How are you doing?" In this way, workers' comp will not provide direct payment for your pain and suffering, though your ailments will make their way into the medical charts, which in turn leads to a better workers comp' settlement at the end of your case.

We Can Answer Your Workers Comp Questions

Insurance adjusters and nurse case managers cannot always be trusted. Rather than listening to them when it comes to questions regarding how much money you should received from your claim, contact an experienced workers' comp attorney for a free case evaluation, as well as free books written for injured South Carolinians. You can reach me today at 803-790-2800 or by using the live chat box in the corner below. 

Kenneth Berger
Connect with me
Columbia, South Carolina car accident and personal injury attorney dedicated to securing justice for clients