Often people will walk into my office with an injury received at work demanding not only their medical care, but also pain and suffering. Here in lies the problem, because in Workers’ Compensation there is no recovery for pain and suffering. This is in stark contrast to a personal injury case such as a slip and fall or automobile accident. With that said, this does not mean that if the accident, although “arising out of and in the course of employment” (S.C. Code of Law 42-1-160), may still have a third party that could be liable pursuant to S.C. Code of Law 42-1-540ff, which could allow for additional monies including pain and suffering.
Although one may not receive pain and suffering for the work related accident from their employer, there is compensation that one may be entitled to. This includes, but is not limited to compensation for missed time out of work such as Temporary Total Disability, medical care, second opinion, any impairment received, partial disability, or total disability, and possible future medicals.
Thus it is imperative that if injured at work that you contact an attorney who will be able to evaluate if there is a third party claim and determine what compensation you are entitled to receive from your employer.