When are work-related mental health issues compensable?
The National Institute of Mental Health estimates that one in four adults suffer from mental disorders, and many do not receive the treatment they need. Stressful occupations and difficult work environments can take a toll on workers’ mental and emotional health. However, it is not unusual for workers to dismiss the warning signs. As a […]
The National Institute of Mental Health estimates that one in four adults suffer from mental disorders, and many do not receive the treatment they need. Stressful occupations and difficult work environments can take a toll on workers’ mental and emotional health. However, it is not unusual for workers to dismiss the warning signs. As a result, workers can find themselves struggling with severe depression, anxiety and other mental health disorders that interfere with their work performance.
Many Chicago workers may not realize that certain mental illnesses and psychological injuries are compensable under the Illinois Workers’ Compensation Act. The Act allows workers to make claims if mental injuries develop as a result of physical workplace injuries. As an example, someone who develops a disorder such as depression because of a devastating injury may qualify for workers’ compensation. Psychological injuries that develop for reasons besides physical harm may also be compensable, if certain criteria are met.
Psychological injury standards
Mental health issues that develop gradually because of a person’s work environment or job duties are not covered under the Illinois Workers’ Compensation Act. However, a mental disorder is compensable if it develops due to an emotional shock. The victim must prove he or she experienced the emotional shock because of a specific incident occurring at a documentable location and time.
Although the origin of a psychological injury must be clear, the injury does not have to be immediately detectable. In 2013, an appeals court considered a Chicago bus driver’s claim for psychological injuries sustained when she fatally injured a passenger. The driver initially did not seek treatment because she believed she could handle the experience independently. After two months, she realized she needed professional help to deal with her depression and anxiety. The court found that her injury still qualified for workers’ compensation benefits.
Evaluating an emotional shock
When a workers’ compensation claim hinges on an experience causing an emotional shock, the court must determine whether the event in question could reasonably have caused the individual to experience an emotional shock. During another case heard in 2013, an Illinois court ruled that an individual’s occupation and training should not be taken into account during this evaluation.
The case involved an individual who developed post-traumatic stress disorder after experiencing an emotional shock. The man was threatened with a toy gun, which he believed was real at the time. His initial claim was denied because he was a police officer and had been trained to handle situations involving armed individuals. However, an appeals court ruled that emotional shock should be evaluated with “reasonable-person” or objective standards. The court subsequently found the man’s workers’ compensation claim valid.
After completing law school Donald became an assistant Attorney General for 7 years and was assigned to the Industrial Commission Division. During that time he spent evenings establishing his own firm. Donald became a founding partner of a large workers’ compensation/personal injury firm but decided to leave the firm in 1990 to start a smaller “boutique” firm with the belief that bigger isn’t always better!
Related Posts
13 Sep, 2016
Turbulence Causes a Wave of Injuries for Flight AttendantsRecent reports reveal that severe turbulence has been responsible for a wave of injuries involving flight attendants in the past few years. Although numerous passengers have become severely injured as well, flight attendants are at a much higher risk of suffering significant, turbulence-related injuries that result in medical treatment, lost time from work, disability, and even death.
12 Sep, 2016
The Rate of Workplace Injuries Continues to DeclineThe United States Bureau of Labor Statistics recently reported that the rate of employer-reported occupational injuries and illness continued to decline in 2015. According to the report, there were about 2.9 million workplace injuries and illnesses reported by private sector employers -- down approximately 48,000 from 2014. With about three reported cases per 100 workers, the rate was lower than it had been since 2002. Aside from 2012, the pattern of decline has been steady for the past 13 years. According to Assistant Secretary of Labor for OSHA David Michaels, however, the numbers are still too high.
20 Jun, 2016
Workplace Safety: Preventing FallsFalls account for a significant portion of workplace injuries. They occur in office buildings, retail stores, warehouses, in hospitals and on construction sites. No occupation is immune or safe from falls.
Falls cover a diverse range of injuries including slips, trips, and drops from several stories. Most falls are nonfatal and not serious but, especially in construction, they constitute a significant portion of overall worker accidents. As a result, enormous energy, money and time are spent to curb the number of falls American workers experience.