Utah Pain and Suffering Lawyer

Workers’ compensation in Utah does not cover pain and suffering. That is one of the most important things injured Utah workers do not know — until it is too late.

If a third party contributed to your work injury, you may be able to recover pain and suffering damages through a personal injury lawsuit — in addition to your workers’ comp benefits. Workers Compensation Utah pursues both.

Pain and suffering is real. Its impact on your life is real. You deserve compensation for every dimension of your injury — not just the economic ones.

Why Workers’ Comp Doesn’t Cover Pain and Suffering

Utah workers’ compensation is a no-fault system. In exchange for guaranteed benefits (medical, wage replacement, disability), injured workers generally give up the right to sue their employer for pain and suffering.

This tradeoff can cost workers significantly — especially in cases involving serious, permanent injuries where pain and suffering is a major component of the harm caused.

When Can You Recover Pain and Suffering After a Work Injury?

If a third party — someone other than your employer — contributed to your work injury, you can pursue a personal injury lawsuit against them that includes pain and suffering damages. Third parties may include: general contractors, subcontractors, equipment manufacturers, property owners, and other drivers (in vehicle accident cases).

Workers Compensation Utah identifies third-party liability in work injury cases and pursues full personal injury claims — including pain and suffering — alongside the workers’ comp claim.

How Pain and Suffering Damages Are Calculated

Unlike economic damages (medical bills, lost wages), pain and suffering is not calculated from a bill or a pay stub. Courts and juries consider: the severity and permanence of the injury, the nature of the pain experienced, the impact on daily activities and quality of life, the emotional and psychological effects, and the duration of suffering.

In serious work injury cases with third-party liability, pain and suffering damages can be substantial — often exceeding the economic damages. Workers Compensation Utah works with expert witnesses and builds thorough pain and suffering cases.

FAQ

Q: Can I get pain and suffering from workers’ comp in Utah?
No. Utah workers’ compensation does not include pain and suffering damages. However, if a third party was responsible, you may recover pain and suffering through a separate personal injury lawsuit.

Q: What is the average pain and suffering award for a work injury?
There is no average — every case is different. The amount depends on the nature and severity of the injury, its permanence, and its impact on your life. Workers Compensation Utah provides a thorough case evaluation.

Q: Do I need to file a workers’ comp claim before pursuing pain and suffering?
You should pursue both simultaneously if applicable. Workers Compensation Utah handles both the comp claim and the third-party lawsuit — so nothing falls through the cracks.