Why Doesn’t Workers’ Compensation Cover Pain and Suffering?

PUBLISHED: November 22, 2022

If a work-related illness or accident has left you in constant pain, depressed, or unable to do the things you used to love, you may feel you should be paid for “pain and suffering,” which is what the law calls these problems. Workers’ compensation does not cover misery and suffering, but if the pain of a physical injury leads to a mental problem, you may get extra money. A Worker’s Compensation Lawyer can help you get a good compensation from your employer.

What Does “Pain and Suffering” Mean?

In legal terms, “pain and suffering” refers to the physical pain that your injuries cause. It also covers your bad feelings because of your injuries, like frustration, hopelessness, anger, shame, and so on.

In reality, anything that makes your life less enjoyable, like not being able to do your favourite things, counts as pain and suffering.

Does workers’ compensation pay for pain and suffering?

What Does "Pain and Suffering" Mean?

In a personal injury case, you can get money for pain and suffering, but not through workers’ compensation.

The workers’ compensation system was made to make it easier for injured workers and their employers to settle claims.

But this came at a price. Even though it is easier for employees to get workers’ compensation benefits from their employers now (because they do not have to prove their employers were at fault), the benefits often only cover medical costs and lost wages.

You may be eligible for more compensation if your physical work injury has caused you mental or emotional problems. For example, dealing with constant pain from an injury at work can make a person feel sad or keep them from sleeping.

In this case, the depression or trouble sleeping would be considered a “compensable consequence” of the initial work-related injury, and the worker would be eligible for therapy and other benefits for the mental or emotional illness as part of the workers’ compensation case.

Can someone sue their boss for pain and suffering?

Outside of the workers’ compensation system, you can sometimes sue your employer for injuries you got at work. In these situations, you might get money to compensate for your pain and suffering.

Most of the time, you can sue your employer. You can also file for workers’ compensation in the following situations:

  • Getting sick or hurt at work because of a poisonous chemical, as opposed to getting sick or hurt because of an accident or being careless.
  • You could file a claim if your employer did not have workers’ compensation insurance or if you got hurt because of broken machinery, tools, or equipment. Find out when you can sue your boss outside of workers’ compensation.

Getting a Third Party to Pay for a Work Accident

Sometimes, a worker who was hurt on the job can file a personal injury claim against someone other than the employer for causing the injury.

For example, if you were hurt in an accident that another driver caused, you might be able to sue that driver (or their insurance company) and get money for your pain and suffering.


Do not try to handle your workers’ compensation case on your own if you were poorly hurt at work or got sick and had to endure a lot of pain and suffering. A Worker’s Compensation Lawyer can talk to your employer and present your case to the court.

There are a lot of lawyers in the field of Worker’s Compensation in Canberra who can handle your case at a very affordable fee. A lawyer can also tell you if you should file a personal injury claim against your employer or someone else. If you do this, you can get money for your pain and suffering.

Recommended For You