If Psychological Trauma Is a Workplace Hazard, Can You File a Workers’ Compensation Lawsuit Because of It?

free case evaluation
100% Secure and Confidential
Rated 5 Stars
5.0 Google Rated
If Psychological Trauma Is a Workplace Hazard, Can You File a Workers’ Compensation Lawsuit Because of It?

Helping Injured People Get Resultsunderline background

$7M

Product Liability

$31M

Medical Malpractice

$5.75M

Product Liability

As the medical profession and the public gain a better understanding of mental health and mental illness, the law should reflect this knowledge.  One in five Americans will be diagnosed with a mental illness at some time in their lives, and the more people talk openly in their personal and professional lives about their struggles with mental illness, the more it helps to remove the stigma and increase awareness.  

A gray area that remains is the question of whether workers’ compensation should be paid to workers who suffer from clinical depression, clinical anxiety, post-traumatic stress disorder (PTSD) and other mental disorders as a result of trauma suffered at work or because the stress levels at work are so high as to make diagnosable clinical anxiety an occupational hazard.  In theory, it is possible to be paid workers’ compensation benefits because of work stress-induced mental illness, but plaintiffs have an uphill battle in demonstrating that their employers should be held financially responsible for the plaintiff’s mental illness.

 

Can Mental Illnesses Be Occupational Diseases?

Workers’ compensation originally only covered traumatic injuries, such as broken bones, caused by accidents at work, mostly at manual labor jobs. Over time, though, more workers began to submit claims for injuries that were not the cause of a particular accident such as a fall or the malfunction of a piece of machinery; rather, these injuries and illnesses were a natural result of workers performing their jobs under normal work conditions over an extended period of time.  

Famous examples of occupational diseases include the lung diseases suffered by coal miners and by workers whose jobs required them to install or remove asbestos. These diseases develop slowly over time, but the evidence showed that the workers’ jobs were the direct cause of the disease.

What happens when work conditions lead to a mental illness like PTSD?  A few states have introduced laws enabling police and other first responders in highly traumatic situations such as mass shootings to get workers’ compensation for PTSD that developed as a result of these traumatic events they experienced while performing their work duties.  Of course, there is a world of difference between trying to rescue people from a mass shooting and the ordinary workplace stress of dealing with an ill-tempered boss.

If you are trying to prove that PTSD and other mental health conditions are an occupational hazard of your job, unless you can point to an extremely traumatic event (as in, a life-threatening situation), it is unlikely that you will be able to convince the court that your employer owes you compensation because of your mental illness.  Proving that you have a mental illness is not difficult; your medical records can easily show this. The challenge is proving that your job, and only your job, caused this mental illness.

 

Contact Walton Telken Attorneys at Law About Workers’ Compensation Cases

If your workers’ compensation claim has been denied, a workers’ compensation lawyer can help you recover damages for your work-related illness or injury.  Contact Walton Telken Attorneys at Law in the St. Louis area to discuss your case.

Awards & Recognition

We’re a Midwest-based law firm, small by choice, with big impact. At Walton Telken, our mission is simple: achieve the best possible outcomes for each of our clients. Powered by our passion for victims’ rights and 150 years of combined legal experience, we work hard towards this goal every day—and we have the track record to prove it.

Free Initial Consultations.

No Fee Unless We Win.underline background

We’re here to help recover maximum monetary damages to compensate you for your physical, financial and emotional losses. The personal injury lawyers at our firm understand your concerns and are committed to responding to your needs with strong advocacy and legal counsel. Contact our law firm today to schedule a free initial consultation to discuss your personal injury or work-related injury claim at one of our office locations in Illinois or Missouri.

At Walton Telken, trial practice is core to our DNA. We’re unafraid to fight on your behalf aggressively to ensure you recover the monetary damages you deserve.

100% Secure and Confidential

Our Locations

Google Map of 241 N Main St Edwardsville IL

Edwardsville, IL

241 N Main St, Edwardsville IL 62025
618-272-2284
Google Map of 214 N Clay Ave Suite 140 St. Louis MO

St. Louis, MO

214 N Clay Ave Suite 140, St. Louis MO 63122
314-441-7133

Available 24/7

phone icon844-307-7349

"*" indicates required fields

Our Award-winning attorneys will contact you for a free case evaluation.
This field is for validation purposes and should be left unchanged.
100% Secure and Confidential