Traditionally, workers’ compensation programs aim to provide benefits for physical injury claims, such as broken bones or muscle strains. However, with rising awareness of mental health issues, workers seeking protection against psychological injuries sustained as a result of stress, trauma, and harassment at work, as per Michael Saltzstein. Thus, the question arises as to whether psychological injuries are compensated for under workers’ compensation and to what extent.
Changing Landscape of Workers’ Compensation
Workers’ compensation laws were initially framed to provide monetary compensation and medical benefits to workers for physical injuries at work. However, the legal framework has recently been updated to recognize mental health conditions arising out of work. With the growing consciousness among society about how mental health conditions can impact heavily an individual, many states have moved to implement workers’ compensation programs to provide coverage for psychological injuries, with some variations in laws from state to state.
Types of Psychological Injuries Covered
While the extent of coverage differs per each state legislature, a variety of mental health conditions are compensable – which may include:
Post-Traumatic Stress Disorder (PTSD): Post-traumatic stress disorder ensues as a result of trauma or ongoing stress. Such conditions are generally experienced by first responders, healthcare providers, or workers in high-stress environments.
Anxiety and Depression: Work-related stress, job insecurity and harassment, and job insecurity can all lead to a range of mental health conditions such as chronic anxiety and depression.
Workplace Harassment and Bullying: it has been reported that many employees become the victim of harassment or bullying usually in the form of racial discrimination or sexual harassment. This can result in panic attacks, depression, or even suicidal thoughts.
Burnout: Although it is not covered by most states, however, burnout induced by excessive work demands can be a potential cause of mental health disorders compensable under given workers’ compensation programs.
Challenges in Workers’ Compensation for Mental Health
Although there has been an increasing recognition of mental health as an extremely serious workplace issue, obtaining compensation for psychological injuries is still challenging. One of these challenges lies in proving that mental health conditions were caused directly by the workplace. In contrast to physical injuries, which are documented with medical evidence and have clear symptoms; psychological injuries are largely subjective and difficult to diagnose
According to Michael Saltzstein, to get compensated, employees should follow certain steps to demonstrate that the root cause of their mental health condition is linked to work in the following ways:
- Documenting symptoms: Keep records in a diary explaining incidents such as ongoing harassment or traumatic events. Gather evidence as far as practicable. Keep records of emails, voice records of offensive comments, etc.
- Reporting to the employer: As soon as mental health issues arise, the employer should be notified.
- Seeking medical advice: Consult a healthcare practitioner for diagnosis and treatment.
This can be quite complicated, and claims made against workers’ compensation for mental health conditions are often denied or delayed.
Importantly, Employers have a role in supporting mental health at the workplace by creating a good work environment, addressing issues of bullying or stress, and taking proactive and reasonable steps to prevent psychological harm.
Legal Support
Workers’ compensation availability for mental health injuries differs from state to state. Make sure to consult an experienced worker’s compensation lawyer to discuss the concerns faced and mental issues experienced. They help in gathering evidence linked with mental health conditions such as depression, trauma, etc. caused by workplace harassment or bullying. They will help in filing claims, and making sure that the victims are submitting the right documents.
They will also advocate for fair compensation and represent the employee in hearings or contests with employers or insurers.
