Can You File a Workers’ Compensation Claim for PTSD?
While workers’ compensation covers physical injuries, there are times when psychological injuries, such as post-traumatic stress disorder (PTSD), can occur in the workplace. But can you file a workers’ compensation claim for PTSD?
However, getting benefits for those health illnesses can be difficult. Unfortunately, there is still a stigma attached to mental health issues, including those like PTSD.
At Work Injury Advisor, we will look at whether you can file a workers’ comp claim for PTSD and what you can expect from the process.
PTSD in the Workplace
When a person experiences or witnesses a traumatic event, it can result in PTSD. According to the National Center for PTSD, about six out of every 100 people will experience PTSD at some point in their lives. Certain professionals have an elevated risk of developing this condition. These individuals often work as:
- First responders
- Law enforcement officers
- Healthcare workers
- Military personnel
Keep in mind that PTSD can also develop when a worker may have been subjected to or witnessed distressing incidents, such as violence, accidents, or other stressors. Many times, these employers can experience heightened anxiety, avoidance behaviors, flashbacks, and difficulty concentrating.
All of these issues can affect a person’s ability to work. In these cases, workers’ compensation can provide wage replacement and medical benefits as the person seeks treatment and recovery for their illnesses.
Is PTSD Eligible for Workers’ Compensation?
In some states, you may be able to seek workers’ comp for PTSD if it was directly related to the job environment or a workplace incident. But keep in mind that this eligibility will vary by state, and not all programs will allow you to collect due to PTSD.
Aside from a workplace incident or series of incidents, PTSD could develop as the result of ongoing exposure to stressful situations. This is common in those who work in high-stress occupations. For example, emergency responders who may face repeated traumatic experiences could develop PTSD from the constant exposure. But once again, these requirements will vary depending on your state.
Additionally, your PTSD must be diagnosed by a licensed mental health professional for you to receive benefits.
How to Prove PTSD as a Work-Related Condition
Since PTSD is a psychological injury, some insurers may consider it an invisible one. In turn, that can make it difficult to prove its legitimacy. PTSD doesn’t have physical symptoms. However, there are ways that you can still build a strong claim.
Like any type of workplace injury, detailed records from licensed mental health providers can help to prove your claim. These documents should detail the diagnosis, symptoms, treatment plan, and evidence linking your condition to any work-related incidents.
Along with that, you might want to have documentation that your workplace contributed to your mental health issue. This evidence can include:
- Witness statements
- Employer incident reports
- Records of previous complaints
Some states will have higher standards of proof for psychological injuries compared to physical injuries. For example, these programs may require proof that the work-related event was the predominant cause of PTSD instead of just a contributing factor.
What Are Some Challenges in These PTSD Claims?
Proving these claims can be more difficult than others. You might want to prepare yourself to deal with these issues:
- Higher standards of proof: As mentioned, many states require a stronger connection between work and PTSD compared to physical injuries. With that in mind, you will need stronger documentation to substantiate your claim.
- Limited coverage: Some workers’ comp programs have strict policies. In these situations, they only allow PTSD claims for certain professions, like law enforcement or first responders. In a few situations, a person’s state does not recognize mental health conditions as standalone claims without an accompanying physical illness or injury.
- Insurer denials: Some insurance companies may question PTSD claims, especially if they believe symptoms are the result of non-work-related incidents. Medical documentation and legal support can help to counter these arguments.
Yes, it is possible to file a workers’ compensation claim for PTSD, but the process is complicated. Plus, each state makes its own laws regarding workers’ comp. What might work in Florida may not apply in Kentucky. Before starting your next journey, you will want to reach out to a workers’ comp lawyer to determine if you qualify for these financial benefits due to workplace PTSD.
