Post-Traumatic Stress Disorder (PTSD) in Workers’ Compensation Cases
Until recent years, personal injury claims were the general majority in worker’s compensation claims. Mental trauma, i.e. psychological injury, was rarely a basis for litigated claims.
However, the recent sea change in our cultural and social attitudes has resulted in an increase among the various psychiatric diagnoses found in psychological injury claims. The most common stress diagnosis, post-traumatic stress disorder (or PTS), is one of the most highly compensated.
As a result, workplace allegations of injury due to traumatic events, discrimination, abuse or sexual harassment have generated a rising tide of psychological damage claims with allegations of PTSD.
PTSD is a condition that arises from exposure to life-threatening circumstances. It was first diagnosed among some of the survivors of wartime combat, and is often seen in victims of violent crime as well (such as sexual assault).
Georgia worker’s compensation law covers disability caused by post-traumatic stress disorder if the cause of the disorder is work-related. Yet worker’s compensation insurance companies frequently deny claims for work-related PTSD.
As with all compensable injuries, when PTSD qualifies as a mental injury, it will need to arise out of and in the course of employment. This frequently occurs after someone participates in or witnesses a traumatic event.
For example, a worker involved in a workplace robbery, a police officer involved in a shooting, or a construction worker who sees a coworker fall to his death from a scaffold all may be at a heightened risk of developing PTSD.
Symptoms of PTSD can include:
- Flashbacks
- Nightmares
- Hearing, seeing or smelling things that aren’t there
- Feeling emotionally numb
- Being easily startled or frightened
- Irritability or anger
- Difficulty with relationships
- Self-destructive behavior
- Hopelessness about the future
- Survivor’s guilt
- Trouble sleeping
- Memory problems
- Trouble concentrating
- Not enjoying activities you once enjoyed
Symptoms typically emerge within three months of the incident, but can sometimes appear years later. According to the National Institute of Mental Health, PTSD affects about 7.7 million American adults, but children can develop it, too. PTSD is often accompanied by depression, substance abuse, or an anxiety disorder.
Whether you developed PTSD because of a work-related assault, accident, or other traumatic cause, first seek help from a qualified therapist or counselor. You should also make sure to discuss your options with an attorney specializing in worker’s compensation cases.
