Injured workers often find their lives significantly impacted as a result of a work injury. In many cases, that impact affects the worker physically, emotionally, and financially among other areas.
In fact, many workers say the stress associated with the injury, and not the physical pain, presents the greatest difficulty for which he or she desires compensation.
However, most injured workers are surprised to learn that the New Mexico Workers’ Compensation system does not compensate injured workers for pain and suffering damages.
Pain and suffering damages, which are often associated with personal injury claims, are exactly what the name implies—damages awarded for the pain and stress that an injury has caused. This includes potential damages for the emotional impact of the injury, limitations on future activities the injury has caused, and future pain just to name a few. They are very subjective damages which differ from general damages such as lost wages and medical bills.
A hypothetical might help explain this better. For example, assume a worker, while in the course and scope of employment is driving and gets hit by a negligent driver causing injuries to worker which include pain and suffering. Worker is entitled to worker’s compensation benefits which include medical and indemnity (TTD and PPD) benefits. In other words, worker will get his medical bills covered, and will receive a portion of lost wages. However, Worker can also bring a personal injury claim resulting from the same accident against the responsible driver, in which he can claim damages for medical bills, lost wages (full amount), possible loss of earning capacity, and pain and suffering. *note that the worker’s compensation insurer would have a right to subrogation if worker recovers from third party as in this hypothetical.
As you can see, the benefits and damages available in a worker’s compensation claim are limited as compared to a typical personal injury claim—and this is in large part due to the absence of pain and suffering damages available in worker’s compensation.
