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In Montana, can you get pain and suffering from workers comp?

In Montana, can you get pain and suffering from workers comp?

Can you recover compensation from pain and suffering through a workers comp claim in Montana? The short answer is “no.” But that doesn’t necessarily mean you don’t have a case!

What is “pain and suffering?”

Pain and suffering includes physical pain, mental distress, and emotional anguish caused by an injury. It is generally seen as a non-economic form of damage that people can suffer after being injured in an accident.

Examples of pain and suffering

There are dozens of reasons why injury victims might seek compensation for pain and suffering, such as:

  • Physical pain due to the injury
  • Stress or depression caused by the inability to work or lack of money
  • Mental anguish due to physical and emotional trauma
  • Loss of enjoyment in life activities
  • Inconvenience, such as having to use a wheelchair
  • Post-traumatic stress disorder (PTSD) symptoms
  • Emotional distress caused by disability or disfigurement
  • Loss of consortium with a spouse or partner
  • Fear, humiliation, shock, and grief resulting from an injury
  • Anxiety over finances after an accident

In many cases, the non-economic effects of an accident are more devastating than economic effects.

How does Montana state law treat pain and suffering?

In Montana, workers’ compensation laws limit the type and amount of benefits you can receive through a claim.

This means that while you can recover benefits for medical expenses and lost wages, you cannot receive damages for pain and suffering.

The good news is that if your employer or insurer acted in bad faith, you may be able to seek additional compensation through a civil lawsuit.

However, it’s important to remember that workers’ comp laws are designed to be a no-fault system, so even if your employer or insurer acted in bad faith, you cannot sue them for pain and suffering damages.

Are there any scenarios where an injured worker could seek damages for pain and suffering?

Yes. Although you cannot sue your employer for pain and suffering, there are situations where you could file a lawsuit against a third party who is responsible for your injuries.

For example:

  • Vendors, contractors or subcontractors
  • The owner of the premises where you are working (such as an office building or construction site)
  • The manufacturer of a defective product or piece of equipment
  • Negligent motorists, if you were injured in an accident while driving to work

In complicated situations like these, it’s best to seek the assistance of a skilled injury attorney.

Hurt at work? Contact Glacier Law Firm.

Not sure whether you should file a personal injury or workers compensation case? We can help.

Contact the attorneys at Glacier Law Firm, and we’ll help you secure the compensation you deserve.


Hi I'm Alex Evans, attorney at Glacier Law Firm. If you've been injured in an accident you've come to the right place. We're here to get you the compensation you deserve.

*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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