Is psychiatric injury covered by workers compensation?
What happens when you sustain mental and emotional disabilities from happenings at work
Mental and emotional disabilities can severely impact your ability to work. We want you to know that help is available under workers compensation: You can receive lost wages and treatment for your psychiatric injuries.
For help now, call one of our work comp attorneys at (855) 221-2667, or you can fill out our free consultation form. There’s no cost or obligation.
- How can work comp help with my psychiatric injury?
- Are psychiatric injuries frequently denied under work comp?
- How do I prove that I have a psychiatric injury or mental disability?
- What are common symptoms of psychiatric injury?
- Can psychiatric injury result from physical injury?
Q. How can work comp help with my psychiatric injury?
A. We understand that mental and emotional disabilities, which can be classified as “psychiatric injury” can impact your ability to work. If you have psychiatric injury arising from actual events of employment, you could be entitled to lost wages and medical treatment under Michigan workers compensation.
Again, workers compensation should pay for all reasonable and necessary medical treatment related to your psychiatric disability. This includes psychotherapy and related medications.
Sometimes you just need some paid time off.
Q. Are psychiatric injuries frequently denied under work comp?
A. A mental or emotional injury is just as real as a physical injury. Work stress and anxiety can be a disabling condition. Unfortunately, many employers and insurance companies refuse to accept this fact and will deny workers compensation benefits.
Insurance companies do not want to take responsibility for mental or emotional injuries. It can end up costing significant money in lost wages and medical care. The insurance company will send you to an independent medical examination (IME) and your claim will likely be denied.
An IME is a second opinion medical exam, where you will see a doctor who is hired by your employer and insurance company. You are required by law to attend. These “independent” doctors often find “nothing wrong” with seriously injured workers in order to save the employer and insurance company money.
You should speak with an experienced workers compensation lawyer if your claim has been denied. Simply walking away from a job is not the answer, as you will forfeit your benefits. Call us at (855) 221-2667 for help now.
Q. How do I prove that I have a psychiatric injury or mental disability?
A. Psychiatric injury and mental disabilities that arise out of actual events of employment are compensable. You will need to show that your medical condition is not based upon unfounded perceptions.
The court will use a reasonable person standard to determine if your perceptions are grounded in fact and reality.
The law recognizes that everyone is different and your reaction to an event will be judged using a subjective standard. This means that your reaction is all that matters provided that it is based upon a real work event.
There is no simple test to prove or disprove what you are feeling. You must be diagnosed by a mental health professional who will ask you about your symptoms. Only then will it be determined if you meet the criteria for a specific diagnosis.
This may seem overwhelming, but a Michigan work comp attorney can help you prove your psychiatric injury, and handle every step of the lawsuit for you.
Q. What are common symptoms of psychiatric injury?
A. Every injury and every case is different. But in general, our clients who have psychiatric injury report that they have trouble with memory and concentration. They feel down and lack any motivation to work. Some experience anger problems and cannot deal with co-workers or managers. Even the stress of showing up to work every day can take its toll on a person.
It is not uncommon for our clients to refuse treatment for this type of medical condition. Usually it is their family or friends who insist that they get help. It has been our experience that the sooner an individual seeks help, the quicker they get better and can return to work.
Q. Can psychiatric injury result from physical injury?
A. Yes. It is important to recognize that some psychiatric problems also arise from physical injuries. This typically occurs after an amputation or other serious injury. Depression and post-traumatic stress disorder (PTSD) would be covered under these circumstances.
Have questions about how workers compensation covers psychiatric injury?
Call (855) 221-2667 to speak with one of our work comp attorneys today. You can also fill out our free consultation form. The call and the advice is free.
We’ve been protecting injured workers like you for more than 35 years. Our attorneys are here to answer all of your questions, so you can start recovering.