Unfortunately, it is almost impossible to recover pain and suffering compensation through workers comp. It may be possible in limited situations to recover some money for emotional distress. But in almost all state workers compensation laws, the employee may not sue the company for pain and suffering compensation. The only benefits to which you are entitled through workers compensation are wage-loss benefits and medical expenses for your injuries on the job.

However, if a third party was responsible for the injury, you might be able to be compensated for your pain and suffering by suing the third party. A third party is a person or company other than your employer who could be liable for your injuries. This might be a co-worker, contractor or the manufacturer of equipment that caused your injury.

There have been a few workers comp claims where pain and suffering were obtained, however. One possibility is when a claim is filed under the Federal Employee Liability Act. In this case, it is possible to get an award for pain and suffering. Also, some states, such as California, allow claims for emotional distress, but not pain and suffering. But in most states, no recovery for your pain and suffering is possible through workers compensation.