Mental Health Injuries and Workers Compensation Claims

Long Island Workers' Compensation Lawyers

The law office of Gilbert, Blaszcyk & Milburn has years of total experience helping clients across Long Island win workers' compensation cases and claims. When you hear "workers' compensation," you typically will think about a physical injury, but New York recognizes metal work-related injuries too. So you can file a compensation claim due to mental health reasons. Many people overlook the potential for psychological injuries, such as anxiety, PTSD, and depression, but those mental health aspects fall under the guise of workers' compensation. These mental injuries can be just as debilitating as a physical injury that affects how someone works.

When filing a claim, these workers must meet specific and potentially challenging criteria in order to secure the benefits. For more information about workers' compensation claims in New York, then please reach out to our law office today. There are a few different types of injuries that are covered by workers' compensation. And our law office is here to help you win your claim or help with a previously denied claim. So please, do not hesitate to reach out today to learn more about mental health and workers' compensation. Get a free, no-obligation consultation when you reach out.

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How Mental Health Workers' Compensation Works

When it comes to workers' compensation in the mental health area, the New York State Workers' Compensation Board considers a compensation for a work-related injury if it happens directly in the course of an employee's job. There are various ways that psychological injuries arise during the course of work. These ways include:

  • Injury is a byproduct of an established physical work-related injury.
  • The injury occurs as the result of a traumatic incident while the worker was performing his or her job.
  • The injury develops as the cumulative result of bad working conditions that the employee faces while working.

For workers' compensation to be considered, the workers will likely need extensive documentation from qualified medical professionals and co-workers to support the claim. It can be challenging to lay the groundwork for a mental health injury, but not impossible.

Above-Average Stress at the Workplace

When it comes to New York State law, a psychological injury only qualifies for workers' compensation benefits if they meet the requirements for an above-average stress at the workplace. In other words, to win the claim, the worker must present a case that shows the stress is greater than other employees face. The stress does not need to be the sole cause of the mental injury, but it must be a contributing factor. Also, when it comes to above-average stress at the workplace, it does not need to be one single stressful event. An accumulation of mental stress that builds up over time qualifies.

When Protected Employer Actions Get In The Way

With workers' compensation in general, there are situations in general where workers cannot receive their benefits. Even if psychological distress is apparent. Some employers are protected in making various personnel decisions, which includes transfers, demotions, disciplinary actions and firings. However, this protection is only available when employers complete these actions in good faith, which can be difficult to decipher in some cases. But a worker has grounds for a claim if an employer may have acted unlawfully or maliciously.

Potential Complications For Mental Health Workers' Comp

In many instances, documenting the circumstances that allowed for the psychological injury to occur is difficult. And proving that this injury is disabling enough to affect an employee's ability to work is challenging. Of course, a lot of this revolves around the social stigma of mental health, but those are the barriers in place when trying to get workers' compensation for a mental health injury.

To address these issues, meeting with an attorney to go over how to handle the claim is recommended. We can discuss the situation with you and help you prepare your claim. Our staff understands the hurdles in place and will work diligently to help you win your workers' compensation claim.

Handling Mental Health Workers' Compensation Claims

Due to the social stigmas in place, we understand the hesitancy and difficulty of filing a workers' compensation claim off of a mental health injury. These are highly subjective and difficult cases that must be handled with the utmost in professionalism. Some common claims for mental health injuries include post-traumatic stress disorder, panic attacks, anxiety disorders, bipolar disorders, clinical depression, and stress-related cognitive impairment.

We know that employers and carriers are outraged when workers claim that they cannot work because of job-induced mental stress. We know that these cases are highly subjective and must be handled properly to raise statutory defenses and avoid claims of retaliation or bad faith denial.

Our work injury law office can help you with your legal battle. For representation regarding a workers' comp claim, please give us a call.