Submitted by rtg on Mon, 11/25/2024 - 18:09 rtg's Blog Workers’ compensation is available for mental health problems caused by work, but it can be tough to prove your claim. Mental health claims can be more complex than physical injury claims, so it’s essential that you prove a connection between your mental health and your working conditions. And you also need to provide as much evidence as possible. A workers’ compensation attorney will be able to guide you through your options and fight for the compensation you deserve. Types of Work-Related Mental Health Issues When most people think of getting hurt at work they think about physical injuries. However working in an abusive or toxic workplace can cause people to develop mental health illnesses that can last for a long time, in some cases forever. Some of the most common types of work-related mental health issues that are covered by workers’ comp are: Stress and anxiety Depression Post-traumatic stress disorder Burnout However, it can be more difficult to prove a mental health illness is caused by work than it is to prove a physical injury is caused by work. So the medical evidence and supporting documents that you submit with your claim are very important to your case. Supporting Documentation for Mental Health Claim If you are filing a claim for workers’ compensation because of a mental health illness you will have to show clear evidence that connects your mental illness to your workplace. You should gather up as much evidence as you can including: A letter of diagnosis from your psychologist or therapist. Witness statements that testify to the conditions in the workplace. Incident reports of things like harassment or inappropriate behavior, or witnessing an incident that could have caused PTSD like watching a co-worker be injured. Medical records. Submit all of your medical records that might be relevant. Evidence linking the condition to your job. Gather all evidence that supports your claim. It’s a good idea to talk with a workers comp lawyer and have them review the evidence that you have. They can advise you on whether or not you have included enough evidence to support your claim. Filing a Workers’ Compensation Claim The first step in filing a workers’ compensation claim for a mental health condition is reporting the condition to your employer in a timely way. Usually, this is done by submitting a letter of diagnosis and asking them to write up a report documenting that you are reporting an illness caused by the environment at your workplace. Then you need to seek medical attention for your condition and keep getting treatment. Keep records of all of your treatment and therapy appointments. File a claim with your state workers’ compensation board after that, and submit all of your evidence with your claim. Each state has a statute of limitations of how long you have to report an injury to your employer and how long you have to file a claim, so be sure to check what the statute of limitations is in your state or ask a workers’ compensation attorney. Importance of Legal Guidance It’s strongly recommended that you work with a workers’ compensation attorney to build your claim before submitting it. A workers’ compensation lawyer can help you: Help gather evidence and build your case. Reduce stress and help manage paperwork Guide you through the legal process Ensure your rights are protected Negotiate on your behalf to ensure a fair settlement Help avoid common mistakes Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
