Pain and suffering damages pay you back for the physical pain and emotional strain an injury causes. They are usually estimated with one of two approaches, the multiplier method or the per diem method, but there is no fixed formula. For injured workers, understanding how damages are calculated is crucial, as South Carolina workers’ compensation does not pay for pain and suffering.
If someone told you that you might recover money for “pain and suffering, ” you probably want to know what that phrase means and how pain and suffering is calculated. The honest answer is that it is one of the hardest parts of any injury claim to measure. At Williams & Roche, Workers’ Compensation and Injury Attorneys, our experienced Columbia personal injury attorneys bring nearly 90 years of combined legal experience, and we have worked on every side of the workers’ compensation system, including the insurance company’s side and inside the South Carolina Workers’ Compensation Commission.
In this article, we discuss:
– What pain and suffering damages actually cover
– The two methods most often used to calculate them
– The factors that raise or lower the value
– Why South Carolina workers’ compensation does not pay pain and suffering
– Common questions injured South Carolinians ask
What are Pain and Suffering Damages?
Pain and suffering damages are money meant to compensate you for the physical pain and emotional harm an injury causes, separate from your bills and lost paychecks. Injury losses fall into two buckets: economic damages, which cover measurable costs, such as medical bills and lost wages, and non-economic damages, which cover the human toll, including pain and suffering.
For a manual laborer, that toll is real: ongoing back or joint pain, trouble sleeping, and the loss of activities you once enjoyed. These harms do not come with a receipt, which is exactly why they are so hard to value.
How is Pain and Suffering Calculated?
There is no single formula; the two most commonly used methods to calculate pain and suffering are the multiplier method and the per diem method. Both are starting points for negotiation, not guarantees.
The multiplier method
The multiplier method takes your economic damages, meaning your medical bills and lost wages, and multiplies that total by a number that usually falls between 1.5 and 5. A less severe injury sits at the low end, while a severe or permanent one sits at the high end. For example, if your economic damages are $40K and the injury is serious, a multiplier of four would place pain and suffering at $160K.
The per diem method
The per diem method assigns a set dollar amount to each day you live with the injury, then multiplies it by the number of affected days. If you use $150 per day across 200 days, the calculation produces $30K. The longer and more painful the recovery, the higher the figure.
What Factors Affect the Value of Pain and Suffering?
The value depends heavily on the specific facts of your injury. Insurance companies weigh several things when deciding what to offer:
– Severity of the injury and how much pain it causes.
– Whether the injury is permanent.
– The length and type of medical treatment.
– How the injury affects your daily life and work.
– How well your pain is documented in your records.
Every case is different, so two individuals with similar injuries can see very different numbers. To understand what your specific claim may be worth, contact Williams & Roche at 803.784.0503.
Does South Carolina Workers’ Compensation Pay for Pain and Suffering?
No. South Carolina workers’ compensation does not pay pain and suffering, which surprises many injured workers. It is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. In exchange, benefits are limited to medical treatment, disability payments, and vocational rehabilitation. South Carolina’s workers’ compensation law applies to private businesses that regularly employ four or more individuals.
There is an important exception, though. If someone other than your employer caused your injury, such as the manufacturer of defective equipment, you may have a separate third-party claim that can include pain and suffering. South Carolina Code Section 15-3-530 generally sets a three-year deadline to file this kind of personal injury claim. Our attorneys can help you understand whether your situation may give rise to additional claims. Call 803.784.0503 to schedule a consultation.
Frequently Asked Questions About Pain and Suffering in South Carolina
How do you calculate pain and suffering for a permanent injury?
Calculating pain and suffering for a permanent injury usually produces a higher number, because the harm never fully goes away. Under the multiplier method, permanent injuries often justify a higher multiplier, and under the per diem method, the affected days can span a lifetime. Strong medical evidence of the lasting condition makes a real difference.
Does workers’ compensation in South Carolina include pain and suffering?
No. South Carolina workers’ compensation covers medical care, disability payments, and vocational rehabilitation, but it does not include pain and suffering. Those damages may only be available through a separate claim against a negligent party other than your employer.
How long do I have to file a third-party injury claim?
South Carolina generally allows three years from the date of injury to file a personal injury lawsuit. Waiting is risky because evidence disappears and memories fade, so it is wise to speak with an attorney as soon as possible.
Talk With Williams & Roche, Workers’ Compensation & Injury Attorneys About Your Injury
Pain and suffering is hard to measure, and insurance companies count on you not knowing what your claim is worth. You do not have to sort this out alone. From our Columbia office, our attorneys represent injured workers throughout South Carolina, and nearly 90 years of combined legal experience on every side of the system, we know the tactics used against injured workers.
Do you have questions about what your injury claim may be worth in South Carolina? Contact Williams & Roche today. Call 803.784.0503 to schedule a consultation.
