What are your rights under Georgia workers’ compensation law if you are mentally traumatized by your work injury?
I have seen this issue arise in cases where my client was a store clerk who was robbed by a gun toting criminal, or in cases where a co-worker physically attacked my client causing serious injury.
I have even seen cases where the pain of surgery or the pain of post surgical rehabilitation has resulted in severe anxiety or even PTSD.
Georgia’s work injury law is very clear that you can only pursue mental health treatment that arises from a work injury if you were physically injured.
So in the case of the store clerk who was a robbery victim, that individual could ask for employer paid PTSD counseling if he was pistol whipped or otherwise physically injured during the robbery. But he could not claim a work injury if there was mental trauma but no physical injury.
Third Party Claims May Arise
In both scenerios – whether the worker was physically injured or not – the worker could pursue a “third party” claim against the building owner, a security door manufacturer, or even against the criminal himself. These premises liability, negligent security or products liability claims can be difficult but we can help you if you find yourself in this situation.
What Type of Mental Health Treatment Will You Receive?
If you do have a compensable case – you were injured physically and you have developed anxiety or PTSD – we would have to negotiate with the insurance company to agree on a psychologist or psychiatrist to help you. Because mental trauma is not common, almost no posted panels contain the names of mental health providers.
If your authorized treating physician makes a referral to a psychiatrist or psychologist, that referral usually serves to make the mental health provider authorized as well. Or we can identify a provider in your area with experience treating the type of trauma you have experienced.
Insurance adjusters are usually not happy to hear that we are asking for mental health treatment on behalf of one of our clients, but if you are struggling with anxiety or PTSD you know that the suffering can be very real.
If you have been involved in a work injury and you find yourself struggling with the mental health repercussions of your injury, please reach out to us for advice about how to proceed.
The post Does Workers Compensation Pay for Post Accident Mental Trauma or PTSD? appeared first on Georgia Workers Compensation blog.
