Getting Workers’ Compensation Benefits for Emotional Injuries: What You Need to Know

Posted on : November 26, 2017
emotional injuries may prompt a workers' comp claim

What happens if you develop an occupational illness or emotional injuries directly tied to your job? Unless you’re already familiar with this situation, you likely need advice about how to best proceed and to protect your interests when it’s time to file a workers’ comp claim.

Emotional injuries that occur at work or as a result of the working environment may be covered under workers’ compensation laws in your state. However, the insurance companies view these with a high level of skepticism and for this reason, they are routinely denied. This is why it is so important to retain an experienced workers’ compensation attorney who can help you with the management of these claims. Special rules have been put in place for any type of psychiatric injury and you will need to be prepared with appropriate medical records to support your claims.

A work injury that is purely psychological in nature may also be referred to as a stress claim. These injuries can cause a worker to take time off work or even become unable to perform certain tasks. Under the workers’ comp system in a state that would approve emotional injuries, these psychiatric claims are treated differently from physical claims. In order to recover workers’ compensation benefits in state that does approves these for psychiatric injuries, the worker must have received a diagnosed mental condition that causes a disability or the need for further medical treatment, they must have worked for the employer for a minimum period, and the worker has to proof that the injuries were more likely than not caused by the working environment.

This can generate high hurdles for injured workers who are not familiar with the workers’ compensation system. They must prove that the working conditions contributed to at least more than half of the injuries sustained. It can be extremely complex to initiate a workers’ compensation claim based on emotional injuries but it is not impossible. When you have a knowledgeable workers’ compensation attorney at your side, you may face a higher chance of success.