Pain and Suffering in a Workers’ Compensation Claim

Sheryl L. Burke
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Atlanta Injury Attorney

In most personal injury claims, the claimant may recover damages for their physical and emotional pain and suffering. However, Workers' Compensation in Georgia is what is known as a "no fault" system, which means that after a work accident in Georgia, an employee may recover damages even if the fault was their own, provided they were not participating in any misconduct at the time of the accident.  

And since an employee may recover damages that have been caused by their own carelessness or inattention, pain and suffering have been eliminated from Workers' Compensation benefits. In other words; you cannot recover for pain and suffering in a Workers' Compensation claim.

You can, however, recover damages for your medical expenses, as well as your lost wages due to the inability to return to work. If you have experienced a long-term or permanent workplace injury in Georgia, and you are permanently unable to return to work, your compensation may include: 

  • long-term income;
  • long-term medical benefits; and
  • job re-training benefits. 


To file a Workers' Compensation claim in Georgia, you can get the help of an experienced Atlanta Workers' Compensation lawyer. An Atlanta Workers' Compensation lawyer can help you to assess the fairness of your settlement. In the event that your Workers' Compensation claim is unfairly denied, an attorney can help you to fight for a settlement package that is fair and takes all of your injuries into account.

How an Atlanta Workers' Compensation Lawyer Can Help

When an employee suffers injury or illness because of their job, they are often eligible for benefits in a Workers' Compensation claim. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your Workers' Compensation case - 404-842-7838.

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