If you have been hurt at work in Wisconsin, you may be wondering if you can get compensated for your pain and suffering. Unfortunately, Wisconsin worker’s compensation law does not provide claims for pain and suffering. However, it is important to be aware of the claims that you can pursue under worker’s compensation and when a different claim may arise.
There is No Claim for “Pain and Suffering” Under Wisconsin Worker’s Compensation Law
Wisconsin’s worker’s compensation system is designed as a no-fault insurance model. This means that workers are entitled to certain benefits regardless of who caused the injury. However, in exchange, they give up the right to sue their employer for traditional “tort” damages, including pain and suffering.
This system is based on a trade-off: You don’t have to prove your employer or anyone else did anything wrong to get benefits like medical treatment, wage loss, or disability payments. But you also can’t sue for additional damages like emotional distress, loss of enjoyment of life, or physical pain and suffering the way you could in a personal injury case.
However, there are other benefits that may be available to you that you should know about. Beyond temporary disability for your time off of work and medical expenses, below are other claims that at least partially fill the “pain and suffering” gap.
Permanent Partial Disability May be Available if Your Injury Has Permanent Effects
If you have reached an end of healing (also called a healing plateau or maximum medical improvement) for your condition, but you still have residual symptoms, your doctor will assign a permanent partial disability (PPD) rating. Your provider will assess the PPD rating considering aspects such as range of motion limitations, loss of strength, and pain. This rating is the closest analogy to compensation for pain and suffering, although it is still different. First, PPD will generally only be assigned if you have a permanent impact from the injury. So, even if you were in a lot of pain when you first got hurt, you will likely not have a PPD rating if you’re completely back to normal once you finished treatment. (One exception is if you had a surgery that carries a statutory minimum PPD rating, which means you will be assigned a certain base amount of PPD regardless of your permanent symptoms.) Second, PPD is paid at a lower rate than pain and suffering damages from a personal injury case. The amount the worker’s compensation carrier has to pay for a PPD
rating is based on a fixed calculation depending on the PPD rate for the year you got injured, the body part affected, and the percentage rated by the doctor.
If your injuries have resulted in permanent work restrictions that have rendered you unable to return to work earning the same or similar wage, you may be entitled to either retraining or loss of earning capacity benefits as well.
Safety Violation Claims and Third-Party Actions May be Available if Someone Else Caused Your Injury
Many clients inquire about pain and suffering damages because they are aware that someone else did something to cause their injury and they want to seek compensation from that party. Unfortunately, if the negligent party is your employer, your remedies are limited. Wisconsin’s “exclusive remedy rule” means that in most cases you cannot sue your employer for a work injury. If your employer was negligent, you may be able to bring a safety violation claim as part of your worker’s compensation action, but the amount you can recover from that claim is limited (15% of the other compensation that you are entitled to, up to a cap of $15,000.)
A different case arises if a third party (outside of your employer) was at fault for your injury. In certain circumstances, an injured individual may have both a worker’s compensation claim and a personal injury claim. One of the most common examples is if someone is hit by another driver when they are driving for work. In that circumstance, the injured worker would be able to claim worker’s compensation benefits and bring a personal injury claim against the at-fault driver. The personal injury claim will be a separate cause of action from the worker’s compensation claim and can be an avenue for additional compensation for pain and suffering.
Contact an Attorney to Know Your Options
Because you aren’t able to recover for pain and suffering with a worker’s compensation claim, it’s important to know all the options that you do have. Contact one of our experienced worker’s compensation attorneys today to discuss your case.