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The New York Disability Law Blog Information and Help for Disabled Individuals with Workers' Compensation, Social Security Disability and Construction Accident Claims

Pain and Suffering

Posted in NY Workers Compensation Claims

Pain and Suffering is the legal term used to describe any sort of physical, emotional or mental distress which may include potentially limiting conditions such as depression or persistent aches. Generally people seek compensation for any loss of income that can be attributed to such a condition.

But Worker’s Compensation is generally a “no fault system”. By receiving worker’s compensation, an employee gives up the right to receive damages due to pain and suffering. However, you may recover pain and suffering against a third party