Ongoing Misconceptions About Workers Compensation and Psychological Injury
While the majority of workers' compensation claims are related to physical impairments caused by injuries on the job, employees can sustain psychological injuries just the same. Since these types of injuries are far less common, they are also associated with a lot of misconceptions.
Misconception: You cannot file for workers' compensation for a psychological injury.
You actually may be able to file for a psychological injury, but it can depend on the state where you live as to how your claim is treated. For example, in some states, you may also have to have a physical injury in order to claim a psychological injury; for example, if your injury caused you to suffer depression. Talk to a workers' compensation law attorney in your state to get the facts about what you can do in your personal situation.
Misconception: Psychological injuries are too difficult to prove.
While workers' compensation claims related to a psychological injury can bring about a few extra challenges, it is definitely worth speaking to an attorney about your situation if you feel you have sustained psychological issues after an injury at work. These cases can be proved through the general routes that a physical injury is proven. For example, you can visit a mental health professional to receive an expert opinion about your symptoms and how your work could have contributed to the issue.
Misconception: It is really rare for people to sustain psychological trauma at work.
Psychological trauma at work is far more common than most employees realize; these types of emotional injuries are just rarely brought to light. Individuals can sustain some form of trauma by being exposed to unsafe work conditions, abusive staff members, or dangerous situations. Employees can also suffer from anxiety, panic attacks, and depression due to emotional challenges within a workplace.
Misconception: You can only file a workers' compensation claim for injuries that happen all at once, even psychological trauma.
The majority of workers' compensation claims that stem from a mental injury are actually related to those psychological injuries that happen over time. It is relatively rare for a singular event to cause severe psychological trauma that could be deemed as an acute injury, but it does happen. For example, if you suffer from PTSD due to an explosion while on the job, this would be an example of a sudden-onset mental injury. On the other hand, PTSD generated by repeatedly unsafe working conditions can be an injury just the same, even if the problem does not surface all at one time.
To learn more and start building your case, contact a workers' compensation attorney today.