Photo of the legal professionals at Ainsman Levine, LLC

Effective, Quality Representation And Personal Client Service

Claiming workers’ compensation for psychological damages

Becoming injured due to your working conditions can have a profound impact on your entire life. It could mean that you are unable to work for a significant amount of time in order to recover, and you will be set to lose wages as a result of this. Additionally, you may be out-of-pocket due to paying for medical treatment that you required.

The government wants to protect workers from suffering financially as a result of work injuries. This is why workers’ compensation insurance is in place for the majority of employees in the United States. While breaking an arm or suffering a head injury in the workplace should inevitably lead to a successful workers’ compensation claim, many wonder if psychological damages in the form of mental illness can also be covered by workers’ compensation insurance.

Proving the cause of the injury

Under the law, any injury, regardless of whether it is mental or physical, will be covered by workers’ compensation. This holds true in cases where the injury was directly caused at work and not through actions that would be considered as horse-play.

This essentially means that mental health issues such as depression, anxiety and post-traumatic stress disorder (PTSD) can be a reason to seek damages through a workers’ compensation claim. However, it is important that you are able to show clearly that these mental health issues arose directly from your working conditions. This is likely going to be more difficult when you are trying to prove the cause of your anxiety disorder than a broken arm, for example, but this does not mean that it is not possible.

Documenting the causes and damages

Documenting the occurrence of events leading up to your mental health issues is paramount to making a successful workers’ compensation claim. If you were a victim of workplace bullying, you should document the actions taken against you that you believe led up to your mental health issues. If a traumatic event occurred at work, you should cite this if you believe that it had an impact on you.

It’s vital to remember that you have a right to claim workers’ compensation in Pennsylvania after suffering from psychological damages. You should empower yourself by understanding the law and taking action to assert your rights.