Can You Get Pain and Suffering in an Illinois Workers’ Comp Case?
No. Illinois workers’ compensation does not pay traditional “pain and suffering” damages — but injured workers can still receive substantial financial benefits that account for serious injuries, permanent limitations, and long-term impact. Instead of pain and suffering, Illinois workers’ comp provides guaranteed medical coverage, wage replacement, and permanent disability benefits based on medical evidence and impairment.
This is one of the most common and misunderstood questions we hear. Many injured workers assume their case has little value because pain and suffering is not paid. In reality, Illinois workers’ compensation uses a different system that replaces pain-and-suffering damages with economic and disability-based benefits, which can still result in significant compensation depending on the injury.
To understand how Illinois workers’ comp works as a whole, see our Illinois Workers’ Compensation Guide.
How Illinois Workers’ Comp Replaces “Pain and Suffering”
Rather than paying for pain itself, Illinois workers’ compensation focuses on loss of earning capacity and permanent impairment. Benefits may include:
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Medical benefits covering 100% of reasonable and necessary treatment
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Temporary Total Disability (TTD) benefits if you cannot work
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Temporary Partial Disability (TPD) benefits if you return to work at lower pay
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Permanent Partial Disability (PPD) benefits for lasting impairment
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Permanent Total Disability (PTD) benefits in catastrophic injury cases
These benefits are calculated using medical records, work restrictions, impairment ratings, and your average weekly wage — not subjective pain levels. You can see how these benefits are calculated in How Much Does Workers’ Comp Pay in Illinois? (TTD, TPD, AWW Explained) and Types of Workers’ Comp Benefits in Illinois.
Frequently Asked Questions About Pain and Suffering & Workers’ Comp
Does Illinois workers’ compensation include pain and suffering damages?
No. Illinois workers’ compensation law does not allow separate awards for pain and suffering. The system is designed to provide guaranteed benefits without requiring injured workers to prove fault.
If there is no pain and suffering, how am I compensated for a serious injury?
The severity of an injury is reflected through:
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permanent disability ratings,
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work restrictions,
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and the overall value of settlement negotiations.
More serious, permanent injuries generally result in higher compensation, even without pain-and-suffering damages. Examples are outlined in What Is My Illinois Workers’ Comp Case Worth? and the Illinois Workers’ Comp Settlement Chart.
Why doesn’t workers’ comp allow pain and suffering?
Workers’ compensation is a no-fault system. In exchange for guaranteed benefits and medical care, employees generally give up the right to sue their employer for pain and suffering.
Does workers’ comp pay more for worse injuries?
Yes. Injuries that cause permanent impairment, ongoing restrictions, or reduced earning capacity are typically worth more than temporary injuries. The value depends on medical evidence, not how much pain someone reports.
Can I ever recover pain and suffering for a work injury?
Usually no — but there are important exceptions. If someone other than your employer caused the injury (such as a negligent driver, subcontractor, or manufacturer), you may be able to pursue a separate personal injury claim that does allow pain and suffering damages. Learn more here: Can You Sue If Hurt at Work in Illinois?.
How do workers’ comp lawyers account for pain if it’s not paid directly?
Pain matters because it affects:
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medical treatment decisions,
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permanent restrictions,
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impairment ratings,
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and settlement leverage.
This is one reason legal guidance often impacts outcomes. See Do I Need a Lawyer to Get a Workers’ Comp Settlement?.
What is the biggest mistake workers make about pain and suffering?
Assuming the case has little or no value because pain and suffering is not paid. Many high-value Illinois workers’ compensation cases involve no pain-and-suffering damages — only strong medical evidence and permanent impairment.
Bottom Line
Although Illinois workers’ compensation does not pay pain and suffering, injured workers may still be entitled to significant benefits depending on the nature and permanence of their injury. Understanding how the system values injuries — and how settlement decisions are made — is critical to protecting your rights.
For a broader overview, review 10 Things to Know About Illinois Workers’ Compensation.