Does Workers Comp Pay For Pain and Suffering in California?

Maison Law helps workers that have been injured in California. Your main option in this situation is to file a workers’ compensation claim and get benefits. In that respect, it’s like any other claim. But the exact benefits you can get in a workers’ comp claim aren’t necessarily the same that you would get in a civil claim. No matter what the situation is, though, our team can help you. Contact us today for a free consultation.

Does Workers’ Comp Pay for Pain and Suffering?

At its core, a workers’ compensation claim is simply an insurance claim, with you making your claim to your employer’s workers’ compensation insurance company and then they review it and give you benefits based on your injuries.

Technically speaking, you don’t get benefits for pain and suffering like you would if you filed an injury claim or lawsuit. But the reality is that any situation where you’re injured is going to cause you some level of pain and some level of suffering.

Your workers’ comp claim might not explicitly give you benefits for pain and suffering, but it is certainly part of the benefits you do get, which include:

• Medical expenses – This covers your doctor visits, treatments, and medications, so you don’t have to worry about paying medical bills out of pocket. It lets you focus on getting better without the extra stress.
  
  
  
• Temporary disability (TD) benefits – If you can’t work for a while because of your injury, this gives you part of your paycheck to help you stay financially stable.
  
  
  
• Permanent disability (PD) benefits – If your injury causes long-term or permanent damage, this helps you manage the physical, emotional, and financial challenges of not being able to work like you used to.
  
  
• Job retraining – If you can’t go back to your old job, this helps you train for a new career, making it easier to adjust to a new way of working.
  
  

Remember, every claim is different. The benefits you can get are going to depend on your injuries and resulting challenges–which can include the pain and suffering you’re going through.

Why Would You Need to Take Workers’ Comp?

One of the best things about workers’ comp is that you don’t need to prove anything when you file your claim. Simply just being employed gives you access to this coverage.

That said, some situations are more common than others, like sprains, fractures, back pain, or nerve damage from lifting, falling, tripping, or being crushed. There’s no specific injury or illness that makes you eligible. If your injury or illness happens while you’re doing your regular work duties, you’re entitled to benefits. But remember, it’s important to be prepared and understand what can happen to you at work:

• Repetitive stress injuries (RSIs) – Issues like carpal tunnel syndrome caused by repeated actions, such as typing or operating tools.
  
  
• Work-related illnesses – Health problems from exposure to harmful substances like chemicals, dust, or toxins.
  
  
• Mental health challenges – Stress, anxiety, or trauma tied directly to work conditions or events.
  
  
• Hazard exposure injuries – Burns, electrocution, or other risks, especially in construction or high-risk industries.
  
  

Workplace injuries or illnesses can bring major difficulties, but workers’ compensation is designed to help. Knowing what you can get is important, but it’s equally important to know how the process works.

How Does the Workers’ Compensation Process Usually Play Out?

When you’re hurt at work, the process of getting better can feel overwhelming, especially when you’re dealing with pain, stress, and uncertainty. Workers’ comp is there to help, but here’s generally how the process works:

• Get medical help – Your health comes first. Whether it’s calling 911 or visiting urgent care, focus on getting treatment right away. Immediate care can reduce pain and start your recovery sooner.
  
  
• Report the injury – Let your supervisor know about the accident as soon as possible. In California, you have 30 days to report it, but the sooner you do, the quicker your benefits can begin.
  
  
• File a claim – Ask HR for the workers’ compensation form (DWC-1), fill it out, and keep a copy for your records. This step will guarantee that your injury and suffering are officially acknowledged.
  
  
• Investigation – The insurance company will review your claim, often asking for details about the accident and how it has impacted you physically and emotionally. They may talk to witnesses and review your medical records.
  
  
• Medical examination – You’ll likely be asked to see a doctor chosen by the insurance company to evaluate your condition. If you feel your pain or suffering isn’t fully recognized, you can also consult your own doctor for another opinion.
  
  
• Claim decision – After reviewing everything, the insurance company will decide whether to approve your claim and explain what benefits you’re able to get, including coverage for medical treatment and lost wages.
  
  
• Resolving disputes – If your claim is denied or the benefits seem inadequate, you may need mediation or a hearing.
  
  
• Returning to work – If your injury prevents you from returning to your old job, your employer may offer modified work or help with retraining. This step can ease the emotional stress of transitioning back into the workforce.
  
  

Every injury and recovery journey is unique. While the process might vary slightly, understanding these steps and focusing on your well-being can help you through this process and get the support you need for both your physical and emotional recovery. Our team will be there to support you, as well. To get started, contact us today for a free consultation.