If you’ve filed a workers’ compensation claim in Scranton, Pennsylvania, you may wonder: Can I also sue for pain and suffering or emotional distress? Under Pennsylvania law, the short answer is no, you generally cannot recover pain and suffering or emotional distress damages through the workers’ compensation system. However, in some circumstances you might pursue these damages through a third‑party personal injury claim or separate action. If you are experiencing emotional distress when filing worker’s comp, talk to a Scranton Workers’ Compensation lawyer at Munley Law today to recover compensation you deserve. Contact us today for more information and a free consultation.
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Can I sue for pain and suffering through workers’ compensation?
No. Pennsylvania’s workers’ compensation system is a no‑fault benefit scheme, designed to provide medical care and wage replacement (typically two‑thirds of average weekly wage) without proving that anyone was at fault. These workers’ compensation benefits explicitly exclude non‑economic damages like pain, suffering, and emotional trauma, which are often pursued in emotional distress claims.
When can I pursue emotional distress or pain and suffering?
If your workplace injury was caused by someone other than your employer — for example, a third party like a subcontractor, negligent driver, defective equipment manufacturer — you may bring a separate personal injury lawsuit against that third party in what are known as third party claims, where pain and suffering and emotional distress are compensable. In such third party lawsuits, you can seek compensation for non‑economic damages just as in car accident or slip‑and‑fall claims.
What is the average payout for emotional distress?
There is no set “average” payout for emotional distress claims in Pennsylvania. Most personal injury settlements stay under $15,000 for minor injuries or emotional upset. More significant physical or psychological harm can yield six-figure awards, but results vary widely. Damages are often calculated by:
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Multiplier method: economic damages (medical bills, lost wages) × 1.5 to 5, depending on severity.
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Per diem method: assigning a daily rate of suffering multiplied by the days affected.
The final number depends on the seriousness of your condition, its impact on your life, and the strength of your evidence.
How Do You Prove Emotional Distress in Pennsylvania?
To successfully claim emotional distress in a personal injury suit, you need to establish:
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Severe emotional distress that significantly disrupts your daily life.
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Legal basis — either severe physical injury, “zone of danger,” or a special relationship/negligence leading to mental injury (negligent infliction of emotional distress).
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Medical validation — diagnosis by psychologists, psychiatrists, or medical professionals, along with treatment records and prescriptions.
Evidence may include:
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Onset and timing of symptoms (journal or recordings).
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Diagnosis of PTSD, anxiety, depression, insomnia, panic attacks, etc.
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Associated physical symptoms: headaches, tension, stomach issues.
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Records of therapy, medications.
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Testimony from mental health professionals, family, friends about changes in behavior or quality of life.
What is evidence for pain and suffering damages in third party claims?
Proving pain and suffering involves showing both physical and emotional effects of your injury. Common evidence includes medical records that detail your treatment, surgeries, or physical therapy, as well as photos of visible injuries. You can also use expert opinions from doctors or therapists, along with personal journals that describe your day-to-day pain or emotional struggles. Witness statements from family, friends, or co-workers who have noticed changes in your behavior or mood can support your case. Prescription records, medication logs, and proof that you can no longer enjoy hobbies or daily routines also help show how your injury has impacted your life.
What damages can be recovered for emotional pain and suffering?
In a third‑party claim under Pennsylvania law, recoverable non‑economic damages include:
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Emotional distress (anxiety, PTSD, depression, chronic insomnia)
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Pain and suffering, including physical pain
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Loss of enjoyment of life and loss of consortium (if qualified)
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Loss of earning capacity, full wage loss, property damage, medical bills
So what does workers’ comp cover in PA?
Workers’ compensation is a no-fault insurance system that provides benefits to employees who suffer work-related injuries or illnesses. These benefits include medical coverage for treatment after a work injury, compensation for partial wage loss, disability benefits, and death benefits. You do not need to prove employer negligence to file a workers’ comp claim. Employers in PA are legally required to carry workers’ compensation insurance.
Who is covered by PA workers’ compensation and how?
Anyone who is considered a full-time employee or part time worker is covered by PA workers’ comp. Part-time workers, seasonal and temporary employees, and some independent contractors, under specific conditions, may also be included. Depending on the severity of your injury, you may qualify for:
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Partial Disability Benefits: If you can work, but not in the same capacity
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Total Disability Benefits: If you’re temporarily or permanently unable to work
You may also be re-evaluated through medical exams to determine whether your disability status should change.
How do you file a workers’ compensation claim in PA?
If you have suffered a workplace injury, you should report it to your employer immediately and seek medical attention. You can file a workers’ compensation claim to receive benefits for your injuries, including medical bills and lost wages. You must document all your injuries and treatments to support your workers’ compensation claim.
What benefits does workers’ comp include?
Workers’ comp benefits can include medical expenses, lost wages, and disability benefits. The amount of benefits you receive will depend on the severity of your injury and your average weekly wage. In Pennsylvania, workers’ compensation benefits are designed to help injured workers recover and return to work. Remember: You may also be eligible for third-party claims if someone other than your employer was responsible for your injury.
Summary: Pain & Suffering / Emotional Distress Workers’ Comp in Pennsylvania
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Question |
Answer |
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Can I recover pain and suffering through workers’ comp? |
No—workers’ comp only covers medical costs and wage loss. No non‑economic damages. |
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Can I sue for emotional distress or pain and suffering after filing for workers’ comp? |
Only via a separate third‑party claim if another party was liable for your injury. |
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Average emotional distress payout? |
No fixed average. Most minor claims settle below ~$15 K; severe cases can reach into six figures. |
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How to prove emotional distress in PA? |
Medical diagnosis, documented symptoms, testimony, journals, expert evidence. |
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What is admissible evidence for pain and suffering? |
Medical records, photos, expert testimony, diaries, witness statements, prescription logs. |
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What damages can I claim? |
Emotional distress, pain and suffering, loss of enjoyment/future capacity, lost wages, medical expenses. |
What steps should you take if you are injured on the job in Scranton, PA?
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First, pursue your workers’ compensation benefits for medical care and wage benefits.
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Determine whether any third party caused or contributed to your injury (e.g. contractors, equipment suppliers).
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If yes, consider filing a personal injury lawsuit against that party to pursue pain and suffering and emotional distress damages.
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Begin gathering evidence now: medical and mental health records, treatment logs, symptom journals, witness statements.
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Work with the experienced Pennsylvania personal injury attorneys at Munley Law who can evaluate whether you have a valid NIED or negligence‑based emotional distress claim. We will fight so you receive substantial compensation for the emotional trauma you experienced.
Injured at work? Call the Scranton workers comp lawyers at Munley Law for a free consultation today
Workplace accidents can lead to both physical harm and psychological trauma. While workers’ compensation in Pennsylvania does not cover pain and suffering or emotional distress, you’re not necessarily barred from seeking those damages if someone else was at fault. In such situations, you may bring a separate lawsuit to recover emotional distress and non-economic damages. Successful recovery hinges on compelling medical evidence and strong documentation—medical and mental health records, expert opinions, personal journals, witness testimony—and the ability to link emotional suffering and harm to the injury caused by a third party.
If you are suffering emotionally due to a work-related injury in Scranton, and a third party may be liable, call our qualified attorneys at Munley Law today. With compiled evidence and the right legal strategy, our attorneys will help you recover additional compensation that workers’ comp alone cannot provide.
Munley Law Personal Injury Attorneys
227 Penn Ave.
Scranton, PA 18503
(570) 865-4699
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