Emotional Distress for Workers Compensation Claims?
One of the main general differences between workers’ compensation claims and personal injury claims is that most state workers’ compensation laws do not provide for any sort of award for pain and suffering and/or emotional distress related to the employee’s injuries. On the other hand, such damages are fairly routine in a personal injury lawsuit, and may also be available in some states through wrongful death claims and/or specific claims for intentional infliction of emotional distress. The catch is that many state workers’ compensation programs preclude employees with work-related injuries and/or illnesses from pursuing their employer for such damages, or any damages at all, through a personal injury lawsuit. In most states, workers’ compensation program is the sole remedy for an employee with a work-related injury and/or illness. Therefore, damages for pain and suffering and/or emotional distress arising from the work-related injury or illness generally are not available for most em
