Mental Health Claims in Workers’ Compensation

Similar to physical injuries, mental health conditions and psychological injuries can arise at any time on the job and cause a great deal of pain, suffering, anxiety, and hardship. If you developed a mental health problem or psychological injury while completing your work-related tasks, you may be able to file a workers’ compensation claim. If you are approved, these benefits can help you cover your expenses and replace a portion of your income while you focus on healing and recovering.

What types of mental health conditions and psychological injuries commonly affect Chattanooga workers?

Mental health conditions and psychological injuries can affect all types of people regardless of their gender, age, income, economic status, work position, ethnicity, religion, cultural background, and more.

KFF points out that individuals in Tennessee have a higher rate of anxiety or depression (37.3 percent) when compared to the rate of anxiety or depression in the United States (32.3 percent) as a whole. Here are some of the most common mental health conditions and psychological injuries that affect workers in or near Chattanooga:

• Post-traumatic stress disorder: Post-traumatic stress disorder is a condition that arises after witnessing or experiencing a traumatic or devastating event. People who are diagnosed with post-traumatic stress disorder frequently experience nightmares, anxiety, and flashbacks of the event, which can occur at any time.
• Depression: Depression is a condition that affects your mood in drastic ways. For example, a person who has depression will likely experience a loss of interest in activities they usually enjoy, think and behave differently, feel hopeless, and have a difficult time following their daily routine.
• Anxiety disorder: When an individual has an anxiety disorder, they typically experience fear, worry, or panic suddenly and intensely over ordinary situations. Some people may begin to avoid certain places or situations to prevent their anxiety from occurring.

What are the signs of a mental health or psychological injury?

Many people who have a mental health or psychological injury do not talk about it or seek the proper help that they need. Therefore, if you are wondering whether you or a coworker has a psychological injury, there are certain signs you may be able to keep an eye out for, such as:

• Appearing to be very sad or low
• Avoiding people they usually socialize with or talk to
• Excessive fear or worries
• Mood swings
• Appearing confused
• Difficulties concentrating or focusing on the task at hand
• Easily angered or irritable
• Appearing very tired
• Overuse of alcohol or drugs
• Difficulties carrying out tasks or completing duties
• Thinking about or talking about suicide

What causes employees to develop mental illnesses or psychological injuries?

Employees can develop mental illnesses or experience psychological injuries due to various causes, including:

• Workplace harassment or bullying: Harassment and bullying can occur in the workplace. This may be committed by coworkers, supervisors, or managers and may be physical, verbal, sexual, or psychological. When an employee is experiencing any type of harassment or bullying at work, they are likely to develop a mental illness or psychological injury.
• Burnout or excessive workloads: Burnout or excessive workloads are also a top reason for mental health conditions or psychological injuries. For example, if a worker is pushed to complete more tasks than they can physically or mentally handle per week, they may experience severe burnout.
• A workplace accident or injury: When a workplace accident or injury occurs, it can cause fear or anxiety. Whether an employee experiences it or witnesses it, they will likely replay it in their mind for a long time, which can affect their daily life and work performance as well as lead to post-traumatic stress disorder.
• Unsafe or hazardous work conditions: If a work environment or location is considered hazardous or unsafe, workers may be on edge or constantly worrying about getting hurt. This can increase the chances of developing anxiety disorder or depression as they are unable to only focus or concentrate on their work-related duties.
• Discrimination: Any type of discrimination can cause mental health conditions or psychological injury. For example, if a worker is singled out, mistreated, or demoted because of their race or religion, they may begin to feel very low, which can lead to depression.

Can you file and obtain workers’ compensation for a mental health issue or psychological injury in Tennessee?

Yes, you can file and obtain workers’ compensation for a mental health issue or psychological injury in Tennessee. TN Code § 50-6-102 defines a mental injury as “a loss of mental faculties or behavioral disorder, arising primarily out of a compensable physical injury or an identifiable work-related event resulting in a sudden or unusual stimulus, and shall not include a psychological or psychiatric response due to the loss of employment or employment opportunities.” TN Code § 50-6-207 states that “an employee claiming a mental injury, as defined by § 50-6-102, occurring on or after July 1, 2009, shall be conclusively presumed to be at maximum medical improvement at the time the treating psychiatrist concludes the employee has reached maximum medical improvement; or One hundred four (104) weeks after the date of injury in the case of mental injuries where there is no underlying physical injury.” Therefore, if approved, you can obtain workers’ compensation benefits until your psychiatrist determines that you have healed and recovered from your mental health issue or psychological injury or after 104 weeks if you did not experience a physical injury.

How do I prove a mental health condition that occurred at work?

Proving that a mental health condition is the result of your work-related duties can be extremely difficult. However, it is important to gather documents, information, and evidence that can serve as substantial proof if you want to increase your chances of being approved for benefits. Some of the different forms of evidence that your attorney may help you collect and use to show your work-related mental health condition include:

• Any accident report you filed or gave to your employer
• Eyewitness statements provided by coworkers, supervisors, managers, or loved ones
• Medical records and notes written by doctors, psychologists, psychiatrists, counselors, or therapists about your condition
• Journal entries about your feelings, lack of sleep, suicidal thoughts, instances at work, panic attacks, and more
• Photos or videos of the bullying, harassment, excessive workloads, hazardous work environment, discrimination, and more
• Expert witness testimony provided by a professional with a background in psychology, counseling, or psychiatry

Dealing with mental health or psychological issues is never easy, especially when it has caused you to miss work and worry about how you will provide for your family during this challenging time. If this sounds similar to your situation, consider getting in touch with a Chattanooga workers’ compensation attorney from Wagner Workers’ Compensation & Personal Injury Lawyers for legal support and guidance right away. We are experienced, skilled, and knowledgeable when it comes to various types of workers’ compensation claims, and we do all that we can to show that your mental health condition is job-related and that you need these benefits to get you through this tough time. Please call our office or complete our contact form to schedule a free case review and begin discussing with our lawyers in Cleveland, Chattanooga, and North Georgia today.