Your workplace injury can disrupt your life in many ways. Physical injuries can limit your mobility and deal you a significant amount of pain that can make it impossible not only to work, but also to live the normal life that you want. Additionally, the mental toll taken on you can leave you depressed, anxious and stressed about the future. And if you’re unable to work on account of your injuries, then you’re going to struggle to make ends meet. It may take you a while to get a handle on these consequences of a workplace accident, but a workers’ compensation claim may help.
But can a workers’ compensation claim really provide compensation for all your damages, including those related to your mental health? Let’s take a closer look so that you know what you can and can’t get out of a workers’ compensation claim, that way you know the best way to approach your case.
Can you file a workers’ compensation claim due to mental harm?
Although some states allow you to file a workers’ compensation claim based solely on mental harm caused by a workplace accident, Ohio does not, as the definition of “injury” for workers’ compensation purposes isn’t defined so broadly. Instead, you can only seek mental health-related compensation from the workers’ compensation system if it’s tied to your physical injury or illness. Therefore, if you develop stress and anxiety after being subjected to consistent high pressure demands on the job, or if you develop post-traumatic stress due to witnessing a workplace accident but you didn’t suffer any physical harm and were not subjected to any illness, then you probably won’t be able to recover compensation.
There is one exception to this general rule. If you are a first responder who develops post-traumatic stress disorder, then you may be able to seek compensation from the harm that’s been caused to you, even if it’s through a legal avenue other than workers’ compensation.
How can you prove mental harm sufficient to recover additional workers’ compensation benefits?
To recover workers’ compensation benefits that are tied to your psychological harm, you have to tie them back to your physical injuries or illness. That might seem easy enough to do, but you’d be surprised at how aggressively insurance companies attack these sorts of claims. So, make sure you’re discussing your mental state with your doctor, directly asking how your physical injury or illness contributes to it and following recommendations for follow up and ongoing treatment. You can’t be afraid to address your mental health, otherwise your condition could worsen at a time when you’ve already missed the opportunity to secure the compensation you need.
Are there errors that can be made when seeking mental health-related workers’ compensation benefits?
Yes. Far too many injured workers rush their claims without full consideration of how their mental state will be assessed under the law. This often leads to claim denial. Likewise, some injured workers fail to properly document the psychological harm that’s resulted from their injuries, thereby cutting them off from the additional financial support that they need. Make sure you understand the law and how it applies to your set of circumstances so that you can craft the strong legal arguments needed to protect your interests.
Do you have lingering questions about how to approach your workers’ compensation case?
If you do, don’t be afraid to seek out the answers you need. You only get one shot at securing the workers’ compensation benefits you deserve, so you should enter the process fully informed and as prepared as possible to litigate your case.