Special, General and Punitive Damages

Typically, you are required to waive your ability to sue your employer for negligence when you sign a workers' compensation agreement. However, there are often exceptions to this, especially in cases of gross negligent misconduct or willful malice. In these instances, it is important to understand the different types of damages that can be awarded.

Special Damages

Special damages are objective, concrete damages that can be quantified. These types of damages include lost wages, future wages, medical expenses, and others. Along with general damages, special damages comprise a category known as "compensatory damages", which as the name implies, exist in order to compensate a victim for his or her injuries.

General Damages

General damages are less specific than special damages, typically dealing with such issues as "pain and suffering" or "emotional harm". These are inherently nebulous, and can be difficult to quantify, so as a result, the amount of damages awarded by the court can vary wildly from case to case.

Punitive Damages

Rather than existing to compensate a victim for his or her injuries, punitive damages exist to punish the defendant. Punitive damages are typically awarded in cases of gross misconduct, and are designed to "send a message" to both the defendant and others who may consider acting in the same manner.

Contact Us

This article is not intended to serve as, or as a replacement for, legal advice. If you have been injured while on the job, contact the Charleston workers' compensation attorneys of the Steinberg Law Firm at 843-720-2800.