Can I sue for pain & suffering after being injured on the job?

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Whether you can file a claim for pain and suffering will, of course, depend upon whether or not you have a first party workers’ compensation claim or a third-party workers’ compensation claim. If it’s a first party workers’ compensation claim, unfortunately, in Indiana, you cannot recover pain and suffering damages which are known as general damages.

 

If it is a first party claim that means that you were injured on the job, and it was caused either by a co-worker or your employer itself or it was just an accident where you can’t assess fault to any other third-party person. However, when it comes to a third-party workers’ compensation claim, even in Indiana, that would be treated just like any other claim such as a car accident, for example. If it’s a third-party workers’ compensation claim, you must definitely also file a claim for general damages in the form of pain and suffering.