Why Doesn’t Workers’ Comp Include Pain & Suffering?

Don Van Dingenen • November 3, 2021

Workers’ compensation  can provide you with plenty of useful  benefits  after you have been injured at work. But one benefit it probably will not give you is any sort of financial award for your pain and suffering. Even if you have been severely injured in a work accident, you aren’t entitled to pain and suffering damages through workers’ compensation. Why?

As a no-fault insurance system, workers’ compensation gives you benefits without considering why your work accident happened. This system almost guarantees that you are eligible to receive the benefits owed to you, except for when an insurance company or employee tries to interfere.

Yet nothing in the insurance world is ever “free,” so there is a “cost” to the relative ease of getting benefits: you can’t get non-economic damage. Insurance companies aren’t obligated to pay for your pain and suffering, just for your  medical costs, a portion of your missing wages, and a few other things.

Suing a Third Party

Being hurt at work doesn’t mean you will automatically not be able to get any pain and suffering damage. It depends on why you got hurt at work. If a third party caused your accident, and not someone related to your employer, then you might be able to sue that party for any damages you don’t get from workers’ compensation,  e.g. , pain and suffering damage.

For example, a food delivery driver is hit by a drunk driver while bringing food to a customer’s home. The food courier can use workers’ compensation for its full range of benefits  and  file a claim against the other driver. As noted, only damages that haven’t been claimed through workers’ compensation can be obtained in a second, separate civil claim, though. There’s no “double-dipping” allowed.

For questions about workers’ comp benefits and case management in Florida, come to our Palm Bay workers' compensation lawyers at Van Dingenen Law. Contact us  now to arrange a consultation with our winning team.

The post Why Doesn’t Workers’ Comp Include Pain & Suffering? appeared first on Van Dingenen Law.

How the Mandatory "Broken Arm" Poster Protects Injured Workers' Rights in Florida

By Don Van Dingenen • August 7, 2026
Florida’s mandatory Broken Arm poster is designed to answer those questions before confusion or delay costs a worker valuable time.

10 Things Florida Employees Often Get Wrong About Workers’ Compensation

By Don Van Dingenen • August 7, 2026
Workers’ compensation should provide medical care and financial support after a job-related injury. Yet outdated advice from coworkers, supervisors, and insurers can cause late reports, unauthorized treatment, missing evidence, and lost benefits. Clearing up the most common workers' compensation myths in Florida can he

Can I Get Workers’ Comp in Florida if I Work from Home or Telework?

By Don Van Dingenen • August 7, 2026
Working from home changes where an employee performs a job, but it does not automatically remove workers’ compensation protection.

How to File for Workers’ Comp as a Non-Citizen in Florida

By Don Van Dingenen • August 7, 2026
A workplace injury can be frightening for any employee. Still, non-citizen workers often face an additional concern: Will filing a claim expose my immigration status or prevent me from receiving benefits?
Worker in orange safety vest using a phone at a desk with plans, hard hat, and laptop in an office

How Florida’s EAO Can Help Injured Workers | 407 Workers’

By Don Van Dingenen • July 15, 2026
The EAO can answer questions, provide information, and try to help resolve certain disputes informally. However, it is not your attorney.
Two workers in yellow hard hats reviewing plans at a construction site

The Florida Workers’ Comp Wage Benefits Guide by Industry

By Don Van Dingenen • July 14, 2026
Florida workers’ compensation may provide wage replacement benefits if an authorized doctor says you cannot work or can only work with restrictions because of a job-related injury.
Person with long hair looking toward an amusement park ride area with colorful structures in the background

The Reality of Hazardous Working Conditions in Orlando Amusement Parks

By Don Van Dingenen • July 12, 2026
The hazards of working in an amusement park are very real. Behind every ride, parade, restaurant, hotel, costume, maintenance area, and guest service station are workers who keep the parks running.
Two people reviewing a clipboard at a table with a measuring tape and a cup of coffee

How Do I Report My Work Injury in Florida? Formal Notification Template + Step-by-Step Guide for Injured Workers

By Don Van Dingenen • July 7, 2026
This guide explains how to report an injury in Florida, what details to include in your notice, which mistakes can put your claim at risk, and how to protect your workers’ compensation benefits from the start.
Engineer writing notes beside yellow hard hat and laptop in an office setting

Workers’ Compensation vs. Employment Law in Florida: Understanding the Difference

By Don Van Dingenen • June 22, 2026
When something goes wrong at work, it can be confusing to know which laws apply. A worker may be injured, missing paychecks, dealing with medical appointments, worried about losing their job, or facing unfair treatment from an employer.
A man in a suit and white shirt is reaching out to shake someone 's hand.

Can Hiring A Workers’ Comp Attorney Get Me Fired?

By Don Van Dingenen • May 18, 2026
Your Employer Cannot Retaliate Against You If you’ve been injured on the job and are experiencing challenges with filing your workers’ compensation claim, such as pushback from your employer or a dispute from the workers’ compensation insurance provider, you might have some understandable concerns about what could happen to your employment if you decide to work... The post Can Hiring A Workers’ Comp Attorney Get Me Fired? appeared first on Van Dingenen Law.