Thursday, April 25, 2024

Can You Get Workers Comp For Depression

Get Legal Help From An Experienced Sc Workers Compensation Lawyer

Can I get pain and suffering benefits from a workers compensation case?

Dont give up on pursuing workers compensation if youre suffering from depression. Talk to an attorney at Stewart Law Offices instead.

For more than 25 years, our accomplished legal team has fought for the rights of injured workers just like you. Our law firm has offices in Rock Hill, Columbia, Spartanburg and Beaufort**, as well as Charlotte, N.C. We can come to you if getting to us is too difficult.

Physical Injuries May Cause Depression

Its quite common following a physical injury for the worker to become depressed. The depression may be brought on by any of the following reasons:

  • Loss of identity associated with your job
  • A drastic change in lifestyle after the accident
  • Loss of interest in things that you once found enjoyment in
  • Lack of confidence due to the injury, often following severe injuries that disfigure body parts
  • Overburdened by bills
  • Feeling of hopelessness

The depression may also stay with the worker long after their physical injuries have healed fully, meaning you may be eligible to receive workers compensation even after your physical pain has healed.

What Kind Of Workplace Injuries Can Lead To Depression

In truth, any kind of workplace injury could lead to depression. In the study above, the participants had all suffered some sort of musculoskeletal injury that kept them out of work for five days or more.

People who suffer from traumatic brain injuries may also experience depression as a consequence of their injuries. This could be due to direct damage to the brain or from the limitations that the injury caused, such as the loss of mobility, memory loss, or other cognitive impairments.

South Carolinians who suffer job injuries that are career-ending, require long-term hospitalization, or result in permanent disabilities are also prone to depression. High-stress jobs also are associated with high rates of depression.

Recommended Reading: Medication For Postpartum Depression And Anxiety

Factors In Successful Work Stress Claims

To make a successful WorkCover stress claim, you must prove that you have suffered a medical illness or condition that is diagnosed and classed as an injury. Therefore, consulting a health professional, doctor or a specialist is crucial to the success of your claim and also your wellbeing.

In addition, you have to prove that the injury was caused by work conditions or incidents. This can be in the form of sexual harassment or abuse, undue pressures, bullying or witnessing a traumatic event.

Be aware though, as mentioned above, that your employer is protected if he or she can prove they took reasonable action to prevent your injury. There must also be a causal link proven between your condition and your job.

Another important factor to be taken into account and followed for eligibility under the WorkCover scheme is that as an employee you must inform your employer within 30 days of your injury or work related condition.

Workers Compensation And Depression After A Workplace Injury

Workers Compensation for Depression and Anxiety

In the United States, almost one in 10 adults suffers from depression. Of those adults, only half ever seek treatment. At Georgelis Injury Law Firm, P.C., we are reminded daily of the impact serious workplace injuries have on many aspects of the employees life. From a loss of functionality at workto the disruption of incometo the inability to enjoy hobbies and home lifeworkplace injuries can be devastating. Add to it the chronic pain many are left to deal with, and often times, it leads to depression. What many people dont know, is that post-injury depression may be compensable as part of a workers compensation claim. Understanding the following topics is critical in this type of case.

  • How Do I Know If Im Entitled to Compensation?
  • If I Suffered From Depression Before, Will I Qualify?
  • Steps to Take
  • Free Depression Screenings

Don’t Miss: Dealing With Depression During Divorce

How Do I Get The Workers Compensation Insurance Company To Pay For Treatment Of Depression After A Work Injury

The Workers Compensation Commission rarely awards claims seeking benefits for depression or anxiety without an accompanying physical injury. If youre seeking workers comp for depression based on a stressful work environment, you will likely lose your case.

The first step in determining whether youre entitled to workers compensation for depression is, therefore, to determine whether you suffered a physical injury by accident arising out of and in the course of your employment. If you suffered a work injury, then it is easier to prove that youre entitled to workers compensation for depression or anxiety caused by your work injury.

If youre feeling depressed after your work injury, tell your authorized treating physician. Your treating physician may prescribe medication to help you with depression or anxiety or refer you to a health care provider who focuses on mental health treatment. Such providers include psychiatrists, psychologists, and mental health counselors. In fact, weve seen some orthopedic practices hire mental health professionals to help patients who are feeling depressed due to pain caused by their injuries.

In Virginia, the employer and its workers compensation insurance company may have to pay for treatment of your depression or anxiety if you prove that the depression or anxiety is caused by your work injury. This is proven through your testimony at the workers compensation hearing and through the opinions of your medical providers.

Myth #: Only Workers With Pre

One common misconception is that in order for behavioral health issues to affect a claim, either a catastrophic injury has to cause the onset of the psychological disorder or the worker has to have previously experienced a mental illness.

Many people think that less severe injuries, such as a broken limb caused by a fall or low back pain, wont lead to negative psychological symptoms in a neurotypical person.

Yet research shows that even minor injuries can bring on symptoms of anxiety and depression in otherwise mentally stable individuals. A study of 332 of workers who experienced work-related musculoskeletal injuries found that about half experienced symptoms of depression during the first year after the injury.

Having psychosocial issues doesnt mean the individual has a psychiatric disorder, said Mariellen Blue, RN, CCM, national director of case management services and product management and development at Genex. Instead, they might be exhibiting minor cognitive distortions, which relate to how they think and feel about a situation.

Developing symptoms of depression after a minor injury, such as a broken bone, is so common that some psychologists have nicknamed this type of adjustment disorder broken bone depression.

For some, this type of depression is caused by the disruption a workplace injury brings to their lives. Others may experience increased anxiety related to their unique personal histories.

Read Also: Vitamins That Can Help With Depression

Your Workers Comp Attorney For Depression And Workers Compensation

Its normal to feel depressed after a work injury. Workers compensation litigation is stressful. And not only do you have to deal with the stress of litigation, you also have to deal with the physical pain of your work injury.

If your injury at work caused your depression or made your pre-existing depression or anxiety worse, then the workers compensation insurance company should have to pay for treatment. But it probably wont do so voluntarily. Thats when attorney Corey Pollard can help.

Even if the insurer is paying for your treatment for depression, you may have workers compensation questions or want to negotiate a workers comp settlement so that you can move forward with your life. You can get the answers and advice you need by contacting Corey Pollard for a free consultation regarding Virginia workers compensation law.

When Should I Make A Workers Compensation Stress Claim

How does workers compensation handle Post Traumatic Stress Disorder (PTSD) claims!

Its common knowledge that many workers suffer from stress. But in a 2016 report by Reventure, it was revealed that almost 30 per cent of employees felt a high amount of stress always or often due to their work or for other workplace reasons. However, there are remedies for people who undergo a significant amount of stress at work.

If employees are injured, Workers Compensation provides financial support for them. But many people also question whether or not these comp payments are available to workers who suffer from mental health problems such as depression, stress and anxiety due to workplace stress the answer is yes, most definitely.

However, being granted Workers Compensation for psychological injury or stress is often more difficult for claimants. Claims should be made as soon as the claimant feels that workplace stress is causing mental health symptoms.

For over 38 years, the PK Simpson law firm has been helping the people of NSW and Australia-wide get the compensation to which they are entitled

PK Simpson lawyers have the skills and experience to make sure you are successful no matter what your claim may be

Also Check: Symptoms Of Major Depressive Disorder Dsm

Depression & Workers Comp Claims

Depression & Workers Comp Claims

Physical injury isnt the only way to receive workers compensation, depression or mental/emotional injury can sometimes qualify as a viable claim to receive benefits. Depression and anxiety disorders are extremely common in the United States. Mental or emotional injuries can significantly impair ones ability to work.

In some cases, mental injuries, e.g. depression and anxiety, can be included in workers comp claims. If your workplace environment has triggered an existing depressive condition or it has caused you mental harm, know that you may be eligible to file a claim for workers compensation.

Filing A Sc Workers Compensation Claim For Depression

You have 90 days to notify your employer that you realized or have been diagnosed with depression. After that, you would file a Form 50, Employees Notice of Claim and/or Request for Hearing with the S.C. Workers Compensation Commission.

At Stewart Law Offices, we can assist you with filing all workers compensation paperwork accurately and on time. We can also work with your employers insurance company to address any disputes that may arise.

Please know that we understand that depression is real. We also understand the complexities of workers compensation law and can gather the evidence you need for a solid and convincing claim.

You May Like: Causes Of Depression Scholarly Articles

Can I Get Workers Compensation Benefits For My Workplace Depression

Physical injuries are not the only injuries covered by workers compensation benefits. Mental injuries and illnesses may be covered as well, depending on the situation. If the depression is caused by mental stress at work such as a high-paced work environment or a rude supervisor, the depression is not going to be covered by workers compensation. However, if you suffered a physical injury in the workplace and coping with that injury has led to depression, workers compensation benefits may be available. With more than 50 years of combined experience on our side, the Minneapolis workers compensation claim lawyers at Midwest Disability Work Comp, P.A., have in-depth knowledge of the wokrers compensation benefits that may be available to you.

Ptsd Symptoms And Signs

Knee Injury, St. Louis Knee Injury Lawyer, Knee Injury Work Comp

Although every case of PTSD is different, there are common symptoms that can be experienced, including:

  • Anxiety
  • Quick to startle

Its important to remember with trauma and PTSD that theres no one-size-fits-all solution. Some people will experience depression and anxiety differently than others will. Moreover, in instances where an injured person may be in a career that discourages openly discussing mental health issues, they may be more inclined to hide their depression.

Furthermore, men are more likely to hide their emotions after trauma. They may turn to coping mechanisms before seeking treatment for depression. Comparatively, women could bury their sadness, self-isolate and have their symptoms manifest as guilt.

Additionally, PTSD can also lead to physical symptoms as well, including:

  • Diarrhea

You May Like: How To Treat Anxiety Depression

Reasons Why Employees May Become Depressed

For many employees, work is more than just a paycheck. Its a place where they are socially connected and a source of identity.

Take that away, and its easy to get to an emotionally dark place, especially when theyre facing struggles in other areas of their lives as well.

Employees who are off work due to injuries may struggle with:

  • Social isolation
  • Challenges performing everyday tasks like bathing or lifting things
  • Relationship stress
  • Missing out on gatherings with family or friends
  • Guilt or shame over others having to take on more work during their recovery
  • Anxiety over losing their job or future earning potential
  • Financial stress
  • Pre-existing mental health issues
  • Chronic pain

Being off work can actually make things worse because they may have fewer distractions and more time to ruminate on these struggles.

Free Initial Consultation With New Jersey Workers Comp Attorneys Call 322

If you or someone you love wants to file a New Jersey workers compensation claim because of a mental health illness or condition, or if youve been denied benefits on a previously submitted claim and wish to file an appeal, contact an experienced law firm with a strong understanding of New Jerseys workers comp laws. Bramnick Law has offices throughout New Jersey to accommodate you. Contact Bramnick Law to request an initial case evaluation at 877.423.4878 now.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

Recommended Reading: How To Tell People You Are Depressed

Workers Compensation And Mental Illness

Mental Health and Workers Compensation

If you have a mental illness due to your job or employer, then you should know as much information as possible in order to receive the full benefits that you deserve. There are many individuals who suffer from mental illnesses due to work factors, such as stress, depression, anxiety of even post-traumatic stress disorder. These mental disorders can very well be covered under workers compensation. Similar with physical injuries, PA state workers compensation laws may cover illnesses that arise from a singular even such as PTSD or conditions that result over time, such as depression or anxiety.

It can be very complex and difficult pursuing a mental illness claim for workers compensation. One of the reasons is tracing the mental illness to the job, since workers compensation is available for those injuries and illnesses that arise from the course of employment. Therefore, a claimant must be able to establish the causal link between the workplace and the mental illness. The court may require the claimant to show from an objective standpoint how the mental illness was work-related. This may even require a determination that the work conditions objectively would have led to a mental health issue, such as an objectively stressful work condition. As such, this may require the claimant to demonstrate that the stress of a particular position was greater than the stress inherent in any job.

What is a PA Mental Injury Claim?Legal Assistance

Workers Compensation Lawyers Scotch Plains Nj

Claiming workers compensation for stress leave | Law Partners TV | Workers compensation lawyers

Although most of us experience stressful moments from time to time in the workplace, not everyone experiences long-term suffering because of it. Work is considered a naturally stressful activity that most of us accept and manage. However, for some of us, work may cause or promote mental illness. If the workers environment is significantly toxic, people working there may develop depression, anxiety or post-traumatic stress syndrome . When people feel stuck in an emotionally toxic workplace, they might not have to pay for the costs of dealing with their emotional distress.

Read Also: Fda Approved For Bipolar Depression

When Is A Trauma Or Stress

In Michigan, a psychological injury caused by events that occurred while on the job may be considered a valid work injury, compensable by benefits. For example, a mental illness or disability may be caused by trauma or the stress of the job itself. Depression or other psychiatric disorders may be caused by a foreman or supervisor putting extreme pressure on an employee. Witnessing or experiencing a traumatic event at work may result in post-traumatic stress disorder or another anxiety disorder. Please note, stress-related claims are not allowed if the stress is caused by discipline, a demotion, termination, lay-off or closure of a company.

Georgelis Injury Law Firm Pc

Our top injury attorneys will fight to get you compensated for your income loss, medical bills and pain and suffering. Guided by integrity, hard work and tenacity, we provide aggressive, powerful and effective representation to those hurt in accidents and on the job. Handling personal injury cases is not just about the law, it is about taking care of our clients like family.

Also Check: How To Manage Loneliness And Depression

Experienced New Jersey Attorneys Assist Clients With Depression And Mental Illness To Claim Workers Compensation

In the state of New Jersey, its possible to request workers compensation for work-caused mental illness. New Jersey is one of a short list of states that offer this benefit to workers. Its possible for the worker to claim workers comp for mental illness like others who are injured or become ill because of work-related conditions. New Jersey workers who successfully file a workers comp claim for mental illness receive lost wages and medical treatment for their condition.

Unlike many other workplace injuries or illnesses, its more challenging to link a workers illness to the workplace. In order to receive workers comp for mental illness or depression, the worker must demonstrate that his or her injuries result from the workplace. Obtaining this proof may be exceptionally difficult and eventually require the employee to engage mental health experts and witnesses to testify on his or her behalf. The employee may need to call witnesses to confirm that the events he or she experienced were in fact traumatic. Assembling a legal claim for a mental health illness requires the assistance of an experienced New Jerseys workers compensation law firm. Many potential claimants are denied workers comp benefits because they dont appreciate the potential legal complexity of these claims.

Popular Articles
Related news