Note: Jaewon’s story is a fictional scenario presented to illustrate how mental health may be involved in a workers’ compensation claim.
Introduction
Workers’ compensation benefits are designed to support employees who experience work-related injuries or illnesses, including mental health issues caused by their job. While physical injuries are often more straightforward to identify and address, mental health conditions, such as anxiety, depression, or post-traumatic stress disorder (PTSD), can also qualify for compensation. Eligibility for these benefits depends on the jurisdiction and the specific details of the situation.
Jurisdiction refers to the authority a governing body has to make legal decisions and enforce laws. Each jurisdiction may have different rules and requirements for workers’ compensation claims related to mental health.
These rules often consider factors such as the nature and cause of the mental health issue, the extent to which work contributed to the condition, and the level of impact on the individual’s ability to perform their job.
For example, a claim might hinge on whether the mental health issue arose from a single traumatic event, such as an accident at work, or from prolonged workplace stress or harassment.
If approved, workers’ compensation benefits can cover expenses related to therapy, counseling, or medications required to treat the mental health condition. Additionally, they may provide compensation for lost wages if the condition significantly impacts an employee’s job performance or ability to work.
However, as with any case, there are exceptions to coverage. Certain jurisdictions may limit claims to specific scenarios, such as incidents involving extreme workplace trauma, and may not cover conditions perceived as arising from general work stress.
Understanding the nuances of workers’ compensation claims for mental health issues is essential for both employees and employers, especially as awareness around mental health continues to grow.
Types of Mental Injuries
Mental injuries can arise as a result of the demands, experiences, or environment of someone’s job. These injuries can significantly impact an individual’s well-being and ability to work effectively. Common types of mental injuries include:
Stress
Workplace stress can develop from high workloads, tight deadlines, or conflicts with colleagues. Prolonged stress can lead to burnout, impacting both mental and physical health.
Anxiety
Anxiety can result from constant pressure, fear of failure, or job insecurity. It may manifest as excessive worry, difficulty concentrating, or physical symptoms like a racing heart.
Depression
Work-related depression can stem from feelings of inadequacy, lack of support, or workplace isolation. It often leads to low mood, lack of motivation, and difficulty performing daily tasks.
PTSD (Post-Traumatic Stress Disorder)
PTSD can occur after witnessing or experiencing traumatic events in the workplace, such as accidents, violence, or other life-threatening situations. Symptoms can include flashbacks, nightmares, and heightened anxiety.
These mental injuries highlight the importance of creating supportive and healthy work environments to safeguard employees’ mental health.
Causes of Mental Injuries
Any of the following work-related injuries could lead to mental health problems:
- Traumatic injuries, such as accidents
- Chronic pain due to a singular event or repetitive strain injury (RSI)
- Disfigurement or disability that causes struggles with self-esteem, body image, or feelings of hopelessness
- Injuries that contribute to loss of livelihood, loss of identity, and feelings of isolation
- Lack of support during rehabilitation, which could lead to feelings of abandonment by the employer or healthcare system, as well as feelings of anger and despair
- Harassment by someone in the work environment or related to one’s employment that results in injury or illness, affecting someone’s ability to work
Pre-Existing Conditions
Although someone may have pre-existing conditions that align with work-related injuries, job duties could exacerbate those mental health conditions. Just because someone’s work didn’t cause the issue does not mean the issue wasn’t made worse by that person’s job.
This is where an attorney can help advocate for your entitlement to workers’ compensation benefits. It is important to document your condition, seek professional help for it, and ask your employer’s HR department for assistance.
Oklahoma Law
In Oklahoma, you may be eligible for benefits if the mental health issues are caused by a physical injury, such as an anxiety disorder caused by a traumatic workplace event that left you with a bodily injury. There was an exception to this that took effect November 1, 2022.
This exception stated that first responders and personnel could claim mental illness without a physical injury as long as it was caused by a response to the emergency. Chronic stress, on the other hand, may not be covered under Oklahoma’s workers’ compensation laws. If an employee dies, the surviving spouse and child may be eligible for death benefits.
Arkansas Law
In Arkansas, you may be compensated for 26 weeks following mental health injuries that happened at work. This is only the case if they are a result of a physical injury covered by workers’ compensation. The physical injury requirement does not apply if you are a victim of a violent crime that took place at work. Panic attacks are covered as long as you can prove they are work-related. If an employee develops a work-related mental illness and passes away because of that within one year of developing it, the employee’s dependents may receive benefits.
Jaewon’s Story
Jaewon is an actor in a film involving a dance scene. While acting out the scene, he suffers a knee injury. His torn meniscus causes swelling whenever he takes a walk, and the lack of exercise turns into a depressive episode.
His mood drastically drops. His knee injury requires costly imaging. He loses out on hourly income because he has to take time off work to heal from the injury and get his mood back on track.
Because he is an employee, not an independent contractor or freelancer, he is eligible for workers’ compensation benefits through his employer. Also, because he has proof the mental injury was caused by a physical injury, he has enough evidence to build a case.
Conclusion
Does workers’ compensation cover mental health? Generally, workers’ compensation insurance does not cover mental or emotional distress unless it is directly linked to a physical injury. However, it does provide benefits for economic damages, such as medical bills and lost wages.
In most cases, mental health claims under workers’ compensation require evidence that the mental health injury resulted from a workplace physical injury. These claims often involve a high burden of proof, making it critical to gather substantial evidence to support your case.
If you’re struggling with a workers’ compensation claim involving mental health, a skilled workers’ compensation attorney can help. At The Law Offices of Craig L. Cook, we understand that mental health is just as important as physical health. Our experienced workers’ compensation lawyers are here to guide you through the process and fight for the compensation you deserve. Contact us today for a consultation.
