We are asked this question in almost every workers compensation case that we handle. The general answer to the question is "no".
Why Would You Not Get Pain and Suffering?
Generally, the Iowa workers' compensation system provides 3 times of benefits:
1. Medical care and treatment including mileage reimbursement to medical providers selected by your employer and/or their insurance company.
2. A weekly check for time that the doctors they send you to say you cannot work at all or if you return to work and make less money up until the time that you reach MMI (maximum medical improvement).
3. Compensation in the form of money paid either weekly or in a lump-sum depending upon the circumstances if you sustain a permanent work injury. There are many different ways that compensation is determined, but generally it depends upon the type of injury you have. For example, injuries to your shoulder, back, neck, hip, CRPS, mental injuries like depression and anxiety and other conditions are considered unscheduled (aka industrial disability) work injuries. Whereas, injuries to your hand, arm, leg, foot, eye, ears in the form of hearing loss, fingers and toes are considered scheduled member injuries and are treated much differently. There are several exceptions to the above such as the 2nd injury fund, if you sustain 3 scheduled member injuries at the same time, etc.
As you see, there is no direct compensation for pain and suffering in a workers compensation claim in Iowa. However, keep in mind that depending upon how you were injured there could be other claims available to you in which you may recover pain and suffering damages. For example, if you were working at the time you were involved in a car accident, then you may be able to recover for your pain and suffering against the other driver. There is also what is called gross negligence against a co-employee which is a high standard, but may provide additional compensation for pain and suffering.
Where Can I Find Help if I Have a Workers Compensation Claim?
There are many things that you should consider and at the very least you should learn about your rights and responsibilities under Iowa's workers compensation laws. We offer our Iowa Work Injury book at no cost which reveals the Iowa Injured Workers Bill of Rights and much, much more. We offer our book at no cost because we have seen hardworking Iowans fail to learn about their rights which cost them a lot of heartache and money. Request your copy now.