Can I Sue for Pain & Suffering During or Emotional Distress After Filing for Workers' Comp?
Understanding Your Legal Rights as an Injured Worker
If you've been injured at work in Connecticut, the workers' compensation system is designed to cover your medical expenses and lost wages. However, many injured workers wonder: “Can I also sue for pain and suffering or emotional distress?” The short answer is — usually not against your employer, but there are some key exceptions and alternative legal strategies worth exploring.
At the Law Offices of James F. Aspell, P.C., we help injured workers understand every option available to them. If you're struggling with emotional trauma, depression, or anxiety following a workplace injury, it's important to understand what legal avenues might be open.
What Does Workers' Compensation Cover in Connecticut?
Under Connecticut's Workers' Compensation Act, injured workers are typically entitled to:
-
Full coverage of medical bills related to the injury
-
Temporary or permanent disability payments
-
Vocational rehabilitation, if necessary
-
Mileage reimbursement for medical appointments
However, workers' compensation does not cover:
-
Pain and suffering
-
Emotional distress
-
Loss of enjoyment of life
This is because workers' comp is a “no-fault system” — in exchange for these guaranteed benefits, employees generally waive their right to sue their employer for damages such as pain and suffering.
For a detailed breakdown of what's covered, visit our page on Connecticut Workers' Compensation Benefits.
Can I Sue for Emotional Distress While on Workers' Comp?
In most cases, you cannot file a lawsuit against your employer for emotional trauma or distress caused by a workplace injury. However, there are exceptions:
1. Intentional Misconduct by Your Employer
If your employer intentionally caused you harm—for example, by assaulting you or knowingly exposing you to a hazardous situation—they may lose the protection of the workers' compensation system, and you may be able to sue them directly.
2. Employer Retaliation
If your employer retaliates against you for filing a claim (e.g., demoting, firing, or harassing you), you may have grounds for a separate employment law claim in addition to your workers' comp case.
Learn more about this issue on our page about Retaliation and Workers' Compensation in Connecticut.
When Can You Sue a Third Party for Pain and Suffering?
Even though workers' comp limits your ability to sue your employer, you can still pursue a personal injury claim against a third party if they contributed to your injury.
Examples include:
-
A negligent driver who caused a crash while you were making a delivery
-
A property owner who failed to maintain a safe environment
-
A contractor or subcontractor at a shared jobsite who created a hazard
These types of claims can include pain and suffering, emotional trauma, lost future earnings, and more — the full scope of damages typically allowed in personal injury cases.
If you believe a third party was responsible for your injuries, we can help. Explore our Third-Party Work Injury Claims page for more info.
What About Mental Health Injuries Without a Physical Injury?
Under Connecticut law, mental or emotional injuries — such as post-traumatic stress disorder (PTSD) — are only covered under workers' compensation if they arise from:
-
Witnessing a death or maiming
-
Experiencing a traumatic event while on the job
For instance, a police officer who witnesses a violent incident or a worker who sees a co-worker seriously injured may qualify for workers' compensation benefits for emotional distress, even without a physical injury.
For more on this topic, visit our Occupational PTSD and Emotional Trauma resource page.
What Should You Do if You're Suffering Emotional Distress After a Work Injury?
-
Tell your treating physician immediately. They can document your symptoms and refer you to a mental health specialist.
-
Speak to a workers' compensation lawyer if your claim is being denied or you're not receiving proper treatment.
-
Track your symptoms and how they affect your daily life and ability to work.
Our firm can help you secure proper medical care for emotional injuries and determine if you have grounds for additional claims.
Why You Should Work with a Workers' Compensation Attorney
Navigating the Connecticut workers' compensation system can be difficult, especially when you're dealing with complex issues like emotional trauma or third-party liability.
At the Law Offices of James F. Aspell, P.C., we help injured workers:
-
Maximize the benefits available under workers' compensation
-
Fight back against wrongful claim denials
-
Pursue additional damages from third parties when appropriate
-
Challenge inaccurate medical assessments or disability ratings
-
Appeal denied claims and represent clients before the Connecticut Workers' Compensation Commission
To learn more, see What a Workers' Compensation Attorney Does.
Schedule a Free Consultation Today
You don't have to navigate the complex world of workers' compensation and legal claims alone. Whether your case involves emotional trauma, pain and suffering, or retaliation, we're here to help you understand your rights and options.
📞 Call us today at 860-523-8783 or fill out our online contact form to schedule your free, confidential consultation.
Let James F. Aspell, P.C. put his experience to work for you.
