When people think of workers compensation, they almost exclusively think about the “classic” kinds of workers comp injuries and the associated professions: construction accidents, delivery drivers, office workers. But mental health conditions, both chronic and acute, can also stem from workplaces.
These types of workers comp claims might not be the first ones we think of, but they make sense once we start to examine “health” from a perspective of mental and emotional well-being. PTSD, anxiety, depression, and stress-related disorders can all be created by high stakes jobs, violence or bullying in the workplace, or even the experience or witnessing of a physical workplace accident.
Mental Health Coverage for Workers Comp Varies by State
More and more often, states across the US are expanding the concept of workers compensation to include mental health conditions that are incurred at work. At present, 31 states and DC include mental health conditions as recognized afflictions related to workers compensation law, although the availability and application of those protections vary significantly by state, so any questions about your own eligibility should be discussed with a local law firm with expertise in workers compensation law. (Here at CTBC, we can inform you of your mental health workers comp rights according to Ohio law.)
What Are Specific Challenges to Having Mental Health Conditions Covered by Workers Comp?
The challenge of having any sort of illness or injury covered by workers comp insurance most often comes from either the difficulty of connecting the injury to an incident at work or the complexity of documenting the injury. The same is true when it comes to mental health conditions, only more so. It can be hard to prove that workplace bullying has caused someone’s anxiety, especially if it happens over time, or that a first responder who has handled hundreds of scenes that would have traumatized another person suddenly finds themselves unable to work due to PTSD. Similarly, unlike a fractured arm, there is no x-ray or other physical proof to present in support of a claim of a mental health issue relating to your work — your employer (or the state entity reviewing workers compensation claims) may simply not believe that your diagnosis exists at all. There’s also a time element — it can take longer to realize that your trouble making yourself get to work every day is beyond “a case of the Mondays” and is actually a true problem that is related to an issue at work. It can also be exceptionally difficult to prove that the mental health issue was not a pre-existing condition that the employee suffered with prior to their current employment.
This is why it’s so important to seek treatment from a fully qualified provider immediately upon a suspicion of a mental health issue that stems from your work, notify your employer as early as reasonably possible about the problem, and document all of the signs and symptoms of the problem throughout the process.
Benefits to Including Mental Health Conditions in Workers Comp Cases
Luckily, employers and state agencies are more and more likely these days to see the real benefit of treating mental health issues as valid reasons for a workers comp claim. Forcing workers who are truly suffering from a mental health crisis to continue to show up to work under extreme or stressful conditions doesn’t really benefit anyone, and delaying treatment and care for employees who are mentally or emotionally stressed can cause more problems and worse outcomes in the long run. (Does anyone really want a police officer struggling with PTSD to have to report for work every day? Or an elementary school teacher who is battling depression or anxiety to continue to show up for work when they aren’t their best selves?) There’s an increasing understanding that supporting mental health care benefits not just the workers, but everyone else they interact with, as well.
What’s the Current Situation in Ohio?
Ohio is one of many states that makes a distinction between mental health issues that derive from physical injuries and those that are seen as “mental-only” such as chronic stress-based conditions like anxiety. A physically-based mental health condition would be one such as PTSD suffered after a car accident for a delivery driver, or a construction worker who found they had intense anxiety about returning to work after a physical accident.
If you believe that you have grounds for a workers compensation claim based on a mental health “injury”, contact an experienced workers comp lawyer in your state. This is the best way to find out what path you need to follow to be able to get full and fair compensation for your condition.