Can you claim workers' comp for stress?

Understanding WC Benefits for Mental Illnesses: Workers’ Comp Lawyer in Philadelphia, PA Explains

When we think of a workplace injury or illness, we typically think of injuries caused by a fall, machine accident, mold exposure, or other types of physical injury. While these are certainly the most common types of workers’ compensation claims, these are not the only type of claims. Indeed, mental illnesses may also be covered under workers’ compensation policies in Pennsylvania. In fact, most mental illness claims are handled just like a regular physical injury claim. However, unlike a broken bone or torn muscle, mental illnesses are not often visible in imaging studies. This means that, without the help of a workers’ comp attorney in Philadelphia, PA, many mental illness claims are undervalued or denied.

This is why hardworking employees who have suffered a mental illness at work or due to work-related incidents need to call the experienced workers’ comp lawyers at HGSK. We have over 100 years of combined experience representing victims of workplace accidents and illnesses who successfully navigate the WC application process to obtain the benefits they may be entitled to under the law. Learn how we can help you and your family by calling (267) 350-6600 to schedule your free case consultation to learn your rights.

Can WC in Pennsylvania cover mental Illness Injury Claims?

Although historically, mental injury claims may not have been considered viable claims for WC benefits, that has changed over the last 10-15 years. Mental and emotional injuries caused by workplace accidents, illnesses, and injuries are now not only accepted for WC benefits but common.

Not all mental illness claims will qualify for WC. This is a fact, even though many mental illnesses cause similar or the same limitations as physical injury claims. Thus, mental illness claims must still follow the same criteria for proving a physical injury claim. That is, an acute injury must have occurred at work or within the scope of employment. Injuries must be related to work, and it must be proven that employment caused the damages.

What Types of Mental Illness Injury Claims are Covered?

In general, there are three main types of mental illness injury claims that may qualify for workers’ compensation benefits. There are three classifications of how a mental illness injury could occur. Each state accepts these classifications and has decided whether or not they will offer compensation for the type of injury. Some states have exceptions or hybrid rules where they could receive compensation partially or in certain instances.

In Pennsylvania, these three classifications include the following:

Physical-Mental Injury

When a mental illness or emotional harm is caused due to a physical injury, that is generally called a “physical-mental” injury. Examples of this type of injury include if you are injured using heavy machinery, and it creates a high level of anxiety or fear every time you have to use it.

Mental-Physical Injury

When a mental illness causes physical injuries, that is a “mental-physical” injury. This could be caused when your job is high stress and results in high blood pressure, ulcers, and other stress-related wounds. It could also occur if you are subjected to sexual harassment at work and suffer emotional injuries due to stress, anxiety, fear, and depression resulting in physical damage.

Mental-Mental Injury

When a mental illness causes a mental injury, that is a type of “mental-mental” injury that may be compensated under Pennsylvania law. This is the type of injury that is often least likely to be accepted for workers’ comp, as it is the most difficult to prove. It occurs when a psychological or emotional trauma experienced at work or due to work results in an emotional injury. An example would be watching a coworker get killed in a workplace accident that caused you to suffer from debilitating post-traumatic stress disorder.

Ask Our Workers’ Comp Lawyers in Philadelphia, PA for Help

If you or a loved one have suffered from a serious or debilitating mental illness resulting from a workplace accident or incident, learn how our workers’ comp law firm in Philadelphia, PA, at HGSK can help you today. We can sit down with you and your family to evaluate your claim during a FREE consultation. Schedule that call by dialing (267) 350 6600 or by sending us a secured message through our “contact us” box on our website.