In Illinois Workers’ Compensation law, there is no compensation for pain and suffering.
Years ago when the law was passed, there was a trade off between requiring an injured worker to prove negligence on the part of the employer and large awards that might be given for pain and suffering.
However, Illinois Workers’ Comp law does take into account how you are doing now after your injury. For instance, you are allowed to testify regarding what you notice about your back now. This is ultimately a form of pain and suffering.
The difference between a personal injury case and a workers compensation case is that pain and suffering usually has some relationship to the medical bills and the type of injury. In Workers’ Compensation the award is based on the wage and the injury and the treatment provided. So if you have a serious injury at a low wage job your recovery will be limited.
Any questions about your settlement value, feel free to give me a call.