Does Workers Comp Cover Mental Health?
- Posted on: Dec 15 2020
In many cases, workers’ compensation does cover mental health issues that have arisen as a result of something that occurred at your workplace or during working hours at another location. Like physical injuries, you can make a mental health workers’ comp claim for conditions that were caused by one incident or for conditions that occurred over time.
What Mental Health Conditions Are Covered?
Any type of mental health disorder or condition may be covered by workers’ comp if you can show that there is a direct connection between your work and that condition. For example, if you are in an accident while operating heavy machinery and develop PTSD, you can file a case. You also qualify for workers’ comp if you develop depression over the course of months or years due to your working conditions. Any mental health condition that has been diagnosed by a professional medical expert and can be traced back to your employment can serve as the basis of a workers’ comp claim.
The Difficulty of Proof
However, unlike physical injuries, it is often much harder to prove that your mental health condition is the result of your work, especially when your condition occurred over a period of time. It may be obvious to connect PTSD to an event, but with anxiety or depression, it’s not always as simple to make the connection to your job. You will need to be able to show that stress, your work environment, or other conditions directly led to the mental health disorder you’re experiencing.
While you may have a mental health expert on your side, co-worker testimonials, and information on incidents and on your work environment, it can still be difficult to prove. Unfortunately, the burden of proof is on you as the claimant, so you will need to be prepared for a difficult battle. This is why it’s important to begin documenting events, visiting with a mental health expert, and talking to your employer about how to change the situation for the better.
If you do decide you need to file a workers’ comp claim for a mental health condition, don’t be too discouraged. It will likely be a hard fight, but many people do win. If you have experts like the team at Maximum Orthopedics on your side, it will be easier. Contact us today to set up a free consultation.