When we think of workplace injuries, the first thing that comes to mind is usually a physical injury. However, it is important to remember that psychological injuries can also occur as a result of workplace incidents and stress. These types of injuries can be just as severe and debilitating as physical injuries, yet they are often overlooked or misunderstood. In this article, we will explore the topic of workers’ compensation insurance and psychological injuries, and what you need to know if you or a loved one experiences a psychologically harmful incident or situation in the workplace.
Understanding Psychological Injuries
Psychological injuries can manifest in different ways, but common symptoms include anxiety, depression, post-traumatic stress disorder (PTSD), and phobias. They can stem from a variety of situations, including witnessing or experiencing acts of violence, harassment, bullying, discrimination, or overwhelming workplace stress. It is important to note that psychological injuries can occur regardless of whether a physical injury took place or not.
Workers’ Compensation Insurance For Psychological Injuries
Workers’ compensation insurance is designed to provide benefits to employees who are injured or become ill as a result of their job. Most states recognize that psychological injuries are a legitimate reason for a claim under workers’ compensation insurance. However, the exact criteria for eligibility and how compensation is calculated can vary depending on the state.
Eligibility
To be eligible for workers’ compensation insurance for a psychological injury, the following criteria must typically be met:
- The injury must result from a work-related incident or situation.
- The employee must have a formal diagnosis of a psychological injury (like PTSD or depression) as a result of the incident.
- The incident or situation causing the psychological injury must be significant and objectively traumatic.
- The employee must be able to show that their job played a significant role in causing the injury.
Compensation
Compensation for psychological injuries can vary widely depending on the state. In some states, psychological injuries are treated the same as physical injuries, and the benefits are calculated based on the employee’s average weekly wage and the severity of the injury. In other states, psychological injuries are treated differently than physical injuries and may be subject to lower maximum payments or different caps on duration of benefits.
Filing A Claim For A Psychological Injury
Filing a claim for a psychological injury can be a daunting task, especially if you are dealing with an injury that cannot be easily seen or measured. However, the process is similar to filing a claim for a physical injury.
Notification
The first step is to notify your employer of the injury and document the incident in writing. Some states require notification within a specific timeframe, so it is important to check your state’s laws and follow the appropriate procedures.
Diagnosis
You will need to have a formal diagnosis of your psychological injury from a mental health professional. Your employer’s workers’ compensation insurance company may require you to receive an independent medical examination to confirm the diagnosis.
Claim Review
After your claim is submitted, it will usually be reviewed by the workers’ compensation insurance company. They may request additional information or an independent medical examination before making a determination on your claim.
Appeal
If your claim is denied, you have the right to appeal the decision. The appeals process can vary depending on the state, but typically involves a hearing or review by an administrative law judge.
Seeking Help
If you or a loved one is experiencing a psychological injury as a result of a workplace incident, it is important to seek help as soon as possible. Your employer may have an employee assistance program (EAP) that provides free, confidential counseling services. You should also consider seeking the help of a licensed mental health professional who can provide a formal diagnosis and treatment plan.
Conclusion
Psychological injuries can be just as severe and debilitating as physical injuries, yet they are often overlooked in the workplace. It is important for employees to understand their rights and options when it comes to workers’ compensation insurance and psychological injuries. If you or a loved one is experiencing a psychological injury, seek help and consider filing a claim for workers’ compensation insurance.