>I’ve Been Injured At Work In Pennsylvania- Can I Get Pain And Suffering Damages As Part of My Work Comp Case?

>No.

You are entitled to 1) two thirds of your wage loss and 2) payment of reasonable, necessary and related medical bills- in addition to reimbursement for any out of pocket payments for medical treatment so long as you have receipts and information to support the charges.

Workers Comp is a “no fault” system which means that, generally speaking, fault is not an issue. This means you can obtain benefits even if the accident was your own fault, no one’s fault, or your employer’s fault. (some limited exceptions). The trade off is that no pain and suffering damages apply in workers’ compensation in Pennsylvania and most, if not all, other states. Pain and suffering damages are applicable in 3rd party cases where negligence/fault is in fact an issue.

Many injured workers are confused about this- so always feel free to ask me any questions you may have on this topic.

You can reach me any time at (215) 206-9068- be sure to leave your name and number if I’m not available when you call.

You can also email me any time at mcardamone@krasno.com

Michael W. Cardamone- Pennsylvania Workers Compensation Attorney


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