Are Mental Illnesses Covered Under Workers’ Compensation Laws?

Mental Health Claims

Some individuals may suffer mental illnesses due to work factors, such as stress, depression, anxiety of even post-traumatic stress disorder. Such illnesses may be covered under workers’ compensation. Like with physical injuries, state workers’ compensation laws may cover illnesses that arise from a singular even such as PTSD or conditions that result over time, such as depression or anxiety.However, proving such illnesses is often much more complex than establishing injuries that are easier to prove from an objective standpoint.

State laws may state the burden of proof that a claimant has when alleging a workplace injury or illness. For example, New Jersey requires the claimant to establish that he or she was an employee and that the injury was caused while he or she was at work. In some instances, the claimant may be required to establish that he or she suffered a permanent condition that resulted in the loss of use or function of a body part.

Legal Assistance

Individuals pursuing a workers’ compensation claim often decide to retain the services of a workers’ compensation lawyer to provide advice and guidance during the claims process. With mental health injuries, this is vital given the complexity of the situation and the difficulty of establishing the causal link.A workers’ compensation lawyer can review the evidence to determine if a claim is viable and make a recommendation regarding how to proceed with the case. Additionally, he or she can provide information about whether other benefits may be available, such as Social Security benefits.