Most people know that they can file a worker’s compensation claim if they have a physical injury resulting from work. But what if you have mental health symptoms that are work-related? You might be wondering if you have a worker’s compensation claim relating to a work situation that caused mental health symptoms like anxiety, depression, or post-traumatic stress disorder (PTSD). This blog post will break down the general rules for mental health worker’s compensation cases in Wisconsin and other possible legal claims.
Claims Without a Physical Injury (“Mental-Mental” Claims) Are Difficult, But Possible to Pursue Under Certain Circumstances
Under Wisconsin worker’s compensation law, mental injuries with no associated physical injury have a higher legal standard than a traditional physical injury. These claims are assessed under what is called the “extraordinary stress standard.” In a nutshell, this means that your mental health claim must have resulted from stress above and beyond what a similarly situated employee in your line of work would experience. For example, imagine a bank teller who witnesses a violent robbery and experiences post-traumatic stress as a result. That level of stress would likely be considered extraordinary for someone in that role. However, if a police officer were involved in responding to the same event, it may not meet the “extraordinary stress” standard for them — unless something about the incident made it unusually traumatic even by law enforcement standards, such as a personal connection to the victim or an exceptionally gruesome scene.
Ultimately, these claims are very fact-specific and often involve detailed inquiries into the specifics of the work exposure or incident that led to the mental health symptoms in comparison to the stressors experienced by other similarly situated employees. An Administrative Law Judge deciding the case may consider factors such as the length of the exposure to the stressor at work, whether you were singled out for adverse treatment, whether there is some personal connection to the incident, and whether the employer took action to mitigate the stressor.
As with any worker’s compensation claim, it is also important that you have a doctor (preferably a psychiatrist or psychologist) who agrees that your condition is work-related and is willing to complete paperwork in support of your claim.
Benefits that you may be able to pursue for a mental health worker’s compensation claim include Temporary Total Disability benefits for your time off of work (if restrictions are supported by a medical provider) and compensation for your medical bills for your treatment. If a doctor states that you have permanent effects from your work-related mental health condition and you are not able to return to work earning a similar amount of money as you did prior to the injury, you may be entitled to additional benefits, including either retraining benefits or loss of earning capacity benefits.
An attorney will be able to give you an honest assessment of whether your mental health worker’s compensation claim is viable and, if so, can help gather the necessary evidence to support your claim at hearing.
Mental Health Effects from a Physical Injury May Also Be Compensable
If you had a physical injury, either the traumatic nature of the injury or the effects it has had on your life may cause mental health impacts as well. These secondary mental health symptoms can be compensable too. Thankfully, the “extraordinary stress” test does not apply to physical-mental claims (claims where there is a physical injury). As with mental-mental claims, you may eligible for compensation for your medical bills relating to this treatment as well as temporary disability benefits if a medical provider advises you to be off of work due to your mental health conditions, even if you are able to return to work from a physical standpoint. If you are not able to return to work earning a similar amount of money as you did prior to the injury due to your mental health conditions, you may be entitled to additional benefits, including either retraining benefits or loss of earning capacity benefits.
Even If You Don’t Qualify for Mental Health Worker’s Compensation Benefits, Other Benefits May Be Available if You Are Unable to Work Due to a Mental Health Condition
It is possible that even if you have very real mental health symptoms that are related to work, your claim does not rise to the “extraordinary stress” level. This is not to say that what happened to you isn’t real or impactful, but the law has a high bar for bringing a mental health worker’s compensation claim. However, you still may have other options if a medical provider agrees that you are unable to work due to a mental health condition. You should check with your employer to verify whether you were covered under a Short- or Long-Term Disability policy as of your last day of work. Short- and Long-Term Disability benefits can provide a source of income for you if you are unable to work due to a medical condition. (It’s important to note that most Long-Term Disability policies have a maximum benefit duration of two years for mental health claims.) If you are or are expected to be out of work for twelve months or more, you may also qualify for Social Security Disability benefits. On top of worker’s compensation, our office handles both Short/Long-Term Disability benefit claims and Social Security Disability benefit claims, so our team can assess all possible angles for your situation.
Contact a Wisconsin Worker’s Compensation Lawyer for An Assessment of Your Potential Claim
Mental health worker’s compensation claims, especially claims without a physical injury, are complicated and require legal expertise. Reach out to our office today by phone or online for an honest assessment of your claim and a comprehensive analysis of possible avenues of compensation.