When the Pain Isn’t Physical: Does Workers’ Compensation Cover Mental Health?
More often than not people believe that workers’ compensation only covers physical injuries. This brings attention to the question “What if my job caused mental or emotional illness?” This question is an interesting one because no case is the same, meaning that there is no definitive answer.
Mental Health May Get You Benefits
“Feeling blue” was once seen as something you needed to overcome and continue working through. However, in this day and age mental health is becoming more accepted than ever. What does this mean for linking your mental illness to workers’ compensation?
Well, workers’ compensation is like fine art, there is no right or wrong answer. The only thing that matters is the art (the evidence) and how it is seen by the intended audience (insurance companies). This means that your case is only as good as the supporting evidence you have accompanying it.
If you can prove that your mental illness is exacerbated by or linked to a work-related activity you may be able to receive workers’ compensation benefits. Explaining how your depression is work-related can be a tough thing for many. At Chopin Law Firm we understand just how physical poor mental health can feel, and how truly crippling it can be. We have been assisting our clients to receive the compensation they deserve for over 50 years.
Physical Injury Caused My Emotional Illness
All too often we see individuals suffering from a severe physical injury also take on mental illness due to their accident.
There are many different reasons why one’s mental health may suffer following a catastrophic injury. Some of these reasons include:
A drastic lifestyle change
Loss of interest in things that used to bring you joy
Loss of confidence, most commonly seen with amputation or bodily disfiguration
Feeling as though everything is lost (hopeless)
Drowning in a sea of bills
One very important thing to note is that mental illness may remain with the victim long after physical injuries have healed. Meaning that you may be able to receive workers’ compensation benefits for mental illness even though your physical wounds have healed.
Proving Your Claim
For injuries relating to mental health caused by work, claimants are typically required to show their mental illness is work-related.
This can be done by proving both:
Medical causation - An evaluation from a medical professional which states that your mental illness was brought on or made worse by your workplace.
Legal causation - Documentation that provides evidence that your workplace was the reason for your mental illness.
Because there are so many moving parts when linking mental illness to workers’ compensation, it is often times best to consult with a legal professional to ensure you get the best chance at getting your claim approved.
How Chopin Law Firm Can Help
At Chopin Law Firm, we realize how crucial good mental health is in every aspect of life, including the workplace. While it isn’t common knowledge to all, we understand that mental illness is a very real sickness that people are dealing with and we want to help you get the compensation you may need and deserve.
Our New Orleans workers’ compensation attorneys have over 50 years of experience fighting against insurance companies to get our clients the most favorable outcome for their case. If you are suffering from a mental illness stemming from work, you may be eligible to receive compensation for your suffering.
Let us help fight for your rights! Call (504) 475-2429 today to schedule your free case evaluation.