18 Sep Mental Health Injuries May Be Covered By Workers’ Comp
Most people think of work injuries as physical, but holistic health involves the whole body. Bloom Law Office has seen a few mental health workers’ compensation claims come to fruition. It’s not nearly as common as physical damages, but that will likely change as mental health is destigmatized. However, just like any injury, you have to prove that the mental problem was mostly caused by your work. That’s the tough part—and it’s why you need a workers’ comp lawyer.
Mental Health Problems And Workers’ Compensation
Specifically, you have to show that the mental health problem was caused by work conditions that weren’t normal. This is the kicker that makes mental health workers’ compensation claims so difficult to win. Another issue is that the odds of being awarded permanent disability are very low. After all, if the job caused the mental health issue, many judges will assume it will get better once you leave. (Obviously, many mental health experts know this isn’t true, but it takes a while for newly discovered facts to trickle into the mainstream legal world.)
The lack of a permanent disability award is such a problem because attorney fees are determined via a percentage of permanent disability benefits—which require a permanent disability rating. That’s very difficult to determine for mental conditions. Instead, most mental health workers’ comp claims that do “win” are awarded temporary disability benefits and medical expenses.
Mental health claims that stand the best chance of winning a workers’ comp claim are caused by a physical experience at work or an illness that was caused by work. For instance, maybe the mental stress of the job has been tied to a heart attack. PTSD from a physical attack while on the job is another example.
Contact An Attorney About Workers’ Compensation Claims – Bloom Law Office Can Help
This doesn’t mean that you shouldn’t talk to a workers’ comp attorney (free of charge) regarding your potential claim. It just means it’s a good idea to be prepared to consider other routes, such as filing for SSI disability. SSI disability can also be requested along with a workers’ comp claim. For more information, call Bloom Law Office at 855-208-3650.