Featured News 2014 Can You File a Workers’ Comp Claim for Stress Injuries?

Can You File a Workers’ Comp Claim for Stress Injuries?

While it is sometimes possible to be compensated for emotional stress injuries from on the job, employees who suffer physical stress injuries are often entitled to compensation for their medical bills, lost wages, and perhaps more. These physical stress injuries are the results of oft-repeated motions that eventually cause muscle damage and chronic pain. Such stress injuries could be the result of continual typing (carpal tunnel syndrome) or of frequent heavy lifting (chronic back pain), for example.

If these injuries stemmed from on-the-job duties, then you probably cannot file a personal injury lawsuit. That is why workers' compensation is in place, to prevent messy lawsuits but to still get injured workers the coverage they need. As quickly as possible, you should see a doctor, who can diagnose your condition and determine whether or not it came from workplace actions. You will need to file your workers' comp claim, and you may be asked to have an Independent Medical Examination from a doctor selected by the insurance company. If you are asked to take an IME, you should definitely consult a personal injury lawyer. These IME doctors may sometimes work regularly with the insurer, and they may have a vested interest in deciding that your injuries are not work related.

If your stress injury is indeed the result of job duties and not a preexisting condition, then you might get a percentage of your income for the days you are off work because of your injury, coverage for your medical treatment, and if applicable, disability benefits or vocational rehabilitation.

What about emotional stress injuries? It is much harder to convince an insurer of these types of injuries. Some state laws prohibit compensation for mental injuries. And even if you could prove emotional damage, you would have a hard time proving it was solely from work and not from other circumstances in your life.

In light of this, notify your superiors as soon as possible: get the emotional distress on the record. Speak with co-workers, and request if they would be willing to write down the actions and behaviors they have seen in you. You should keep a written log yourself, filled with details. The more documentation you have, the clearer it may be whether you have a claim or not.

You might have options outside of workers' compensation as well. This could include filing a disability claim (which will still be hard to get), or you may be able to file a lawsuit citing negligence or intent in the workplace that led to emotional injuries.

Not all workplace injuries are the results of a sudden accident. If you have been harmed by the wear and tear of job duties, talk to a personal injury attorney today to learn how you could get the compensation you need.

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