Mental Health Injuries: Can You Get Workers’ Comp for Stress or PTSD?

Recent statistics indicate that over 250,000 Tennesseans experience serious mental illness each year. Given the well-recognized fact that mental health conditions tend to be underdiagnosed and systemically overlooked, it’s likely that the actual number of community members impacted by mental illness is much, much higher.

Mental health conditions like depression, anxiety, and PTSD can seriously impact a person’s job performance and overall quality of life, leading to ongoing challenges and compounding emotional strain. When a mental health condition takes root because of a work-related incident, however, struggling workers may be able to take advantage of Tennessee’s workers’ compensation program to help them face their struggles head-on. Here’s a brief overview of how mental injuries factor into workers’ compensation decisions and an exploration of how local workers can access benefits related to psychological distress.

What is a mental injury?

When we talk about workers’ compensation cases, more often than not, we are discussing incidents that result in physical injuries like broken bones, strained muscles, or hearing loss (among other things). Sometimes, though, a worker’s injuries extend beyond the physical and result in diagnosable mental distress. In these cases, the worker’s mental suffering may be referred to as a “mental injury” during discussions about workers’ compensation and employee benefits.

Some of the most common mental health conditions (or mental injuries) in the United States include:

• Generalized Anxiety Disorder (GAD)
• Major Depressive Disorder (MDD)
• Substance Use Disorder
• Posttraumatic Stress Disorder (PTSD)
• Bipolar Disorder (I & II)
• Obsessive Compulsive Disorder (OCD)
• Schizophrenia

While some people are born with mental health conditions, others develop mental injuries in response to trauma. When a worker begins exhibiting signs of a mental health condition following a significant workplace event or accident, they may be entitled to workers’ compensation just as they would have been had they developed a physical injury of some sort.

When does a mental injury qualify for workers’ comp?

A mental health condition will serve as the basis for a workers’ compensation claim if it arises out of either (a) a compensable work-related physical injury or (b) an identifiable work-related event that caused a sudden or unusual mental stimulus.

Tennessee requires medical proof for mental injury claims. Employees generally need a mental health professional, like a psychiatrist, to link their condition to a work-related injury or event. This can get a little complicated, as many different factors can impact a person’s mental health. Some workers may be more prone to developing mental injuries based on their genetics or neurochemistry, so it’s crucial that workers leverage all the evidence and documentation they have at their disposal to rule out alternative causes of their distress.

Examples of mental injury claims

To better understand the relationships between workplace incidents, compensable injuries, and mental health conditions, we have compiled a few case examples that highlight different scenarios related to mental injury claims:

Scenario #1: Mental injury + physical injury

Let’s say a warehouse worker suffers a serious back injury while on the job and receives workers’ compensation for their medical expenses. As a result, the worker is unable to return to work, go to church, or engage in their go-to social activities. Over time, the worker becomes more and more isolated and is eventually diagnosed with Major Depressive Disorder by a licensed psychiatrist. If the psychiatrist can attest to the fact that the worker’s depression was most likely caused by their compensable back injury, the worker may be able to claim benefits for a work-related mental injury.

Scenario #2: Mental injury without physical injury

Alternatively, let’s consider a case involving a local nurse who is assaulted by an unruly patient. While nurses often work under immense stress and encounter a variety of emotionally taxing situations, physical assault is not generally considered a standard occupational hazard for healthcare workers. If the nurse were to develop PTSD related to their attack, they may qualify for workers’ compensation or other benefits.

Scenario #3: Non-compensable mental injury

On the flip side, let’s imagine a local business manager who develops a substance use disorder after using alcohol to cope with the stresses of their job. While this may technically qualify as a diagnosable mental health condition, the courts have consistently held that if a worker’s mental health condition is related to standard occupational hazards like job-related stress, the condition likely would not be considered a compensable mental injury.

As you can see, there is a relatively high bar associated with claiming mental injuries as part of a workers’ compensation case. Workers must be able to clearly demonstrate a connection between a workplace injury or accident and their diagnosed mental health condition. The input of mental health professionals is absolutely vital in these cases, as is the guidance of workers’ compensation attorneys who understand the nuances involved with demonstrating the correlation between your workplace and your mental health.

How can I prove my job caused my mental health condition?

It’s easy for any workers’ compensation claim to get complicated, but claims involving mental injuries are even harder to navigate. That’s because mental health conditions aren’t usually visible to the naked eye and often develop incrementally over time. As with any claim, clear and comprehensive documentation is your best friend when it comes to showing the link between your injury and your job.

If you’re looking to build the most compelling case possible, you might want to prioritize the following:

• Prompt medical/mental evaluation: If you suffered a physical injury at work, it’s important for you to seek medical care as soon as possible by following all the standard workers’ comp protocols set forth by your employer. If your claim does not involve physical injury but is related to a workplace accident, it’s just as vital for you to seek a psychiatric evaluation as soon as you notice any change in your mental health in order to build a record of your condition.
• Detailed documentation: You need to gather and preserve all records pertaining to your compensable injury or workplace accident, in addition to any documentation related to your mental health condition and related care.
• Timely reporting: Tennessee Workers Compensation Law sets strict reporting requirements for workers’ compensation claims. Generally, you are required to report any physical or mental injury to your employer within 15 days of that injury. If you don’t report the injury to your employer, your claim can be challenged, and you may lose rights to benefits.
• Legal consultation: Because these cases can get confusing fast, it’s often wise to consult with a local workers’ compensation attorney who can help you cover your legal bases and gather all the documentation you need to build a strong claim.

Workers’ compensation cases involving mental injuries are all about putting the puzzle pieces together. You and your attorney will need to show that your compensable injury or workplace accident directly caused your mental health condition before you’re able to collect any benefits.

Along the way, you may also have to defend yourself against claims that your mental injury was actually an existing condition or that you would have developed the same mental health condition regardless of whether or not you had experienced some kind of workplace incident. The more supporting evidence you can provide, the better, which is why it’s always wise to take a proactive approach to seeking mental healthcare, documenting your experience, and seeking out reliable and knowledgeable legal support.

Final thoughts

Mental health injuries are just as real as physical ones, but sometimes they can be harder to prove. On the one hand, it’s great news that our state recognizes mental health conditions as legitimate grounds for workers’ compensation claims. On the other hand, there’s often a lot of work involved in piecing together exactly how your mental injury is related to a physical injury or work-related accident.

At Wagner Workers Compensation & Personal Injury Lawyers, we understand that filing a workers’ compensation claim is probably the last thing you want to deal with while attempting to tend to your mental health. That’s why we pride ourselves on providing meticulous, compassionate legal support that empowers clients to focus less on their case and more on their well-being.

If you or a loved one developed a mental health condition following a workplace accident or injury, our team might be able to help. Give us a call today or fill out our online contact form to schedule a free consultation, and let’s discuss whether you may have additional options available to help you access the mental healthcare you need.