At Saffren and Weinberg, Marc Alan Weinberg, Attorney and Kenneth Scott Saffren, Attorney are partners. The firm’s tagline is “The People’s Voice In Court.” They make themselves available via phone at (215) 576-0100 or by email on the Saffren and Weinberg website. Saffren and Weinberg provides a no-charge, complimentary case review and answers questions for prospective clients.

 

Can I Get Workers’ Compensation for Depression?

When most people think of workers’ compensation, they think of physical injuries that require medical treatment and may or may not include time missed from work. However, those suffering from mental or emotional issues, like depression, may also qualify for workers’ compensation. Mental health is extremely important to a person’s overall health. Depression is a legitimate reason to apply for workers’ compensation, however, the approval process may not be as easy as it is for a physical ailment or injury.

What is workers’ compensation?

If you suffer an accident or injury at work, it is considered a workers’ compensation injury. Workers’ compensation insurance is required by most employers and would cover any time off and medical treatment costs incurred by an employee if they are injured performing duties within their regular scope of work. Under the worker’s compensation system, workers are entitled to a portion of their average earnings while out of work receiving treatment due to an injury. In most cases, your employer will require you to complete an incident report in a timely manner to initiate the workers’ compensation claims process and to receive workers’ compensation benefits.

If you are approved for workers’ compensation benefits, the benefits could include weekly compensation, payment of your medical treatment, and partial or total impairment benefits.

Workers’ Compensation for Depression

For many employees, there is still a stigma of openly discussing mental health issues and explaining their depression to receive workers’ compensation may be difficult. However, depression is a very serious mental health concern with real physical and mental consequences and should be taken as seriously as any physical injury. In recent years, the laws surrounding mental health in the workplace has evolved greatly, which allows employees suffering from depression caused by or aggravated by a work-related injury to be able to apply for a workers’ compensation claim.   

Just because employees can claim depression through workers’ compensation, doesn’t mean those claims are often awarded because they are not. Often times employees do not attempt to claim workers compensation for depression because it is so hard to prove as a direct result of something happening in the workplace and it rarely gets approved.

What is Workplace Depression?

Depression in the workplace can be a direct result of any type of physical or emotional situations that occurred at work. It could have originally been caused by a physical injury or ailment, however, depression was a lingering result of that physical illness or injury. Or, it may not have any connection to a physical injury.

While most people can become sad at times, depression is different and can be quite debilitating to the employee. Some common signs of depression are:

• Persistent feelings of anxiety
• Feelings of hopelessness or sadness
• Feelings of worthlessness
• Irritability
• Loss of interest in things that were once enjoyable
• Decreased energy and increased fatigue
• Difficulty concentrating or remembering things
• Difficulty making decisions
• Changes in sleeping patterns
• Changes in your appetite
• Suicidal thoughts
• Attempted suicide

Physical Injuries Can Cause Depression

While you may not think of depression being an injury common in the workers’ compensation area, it is claimed more than you would think. When someone has a physical injury that creates a change in their ability to live their life the way they used to, it is likely they could suffer from depression due to their physical injury. In some cases, depression may even continue after a physical injury has healed. If you’ve experienced depression as the result of a work-related physical injury, you may continue to receive workers’ compensation benefits even after the physical injury has healed.

Depression without an Associated Work Injury

For work-related depression that manifests without an associated work injury, the claimant must prove the depression is work-related. This will require both medical causation and legal causation.   

• Medical causation: A physician or psychiatrist evaluation shows the depression is caused by work events or situations, and
• Legal causation: A stated required proof (which may vary by state) that shows that work-related events were the legal cause of the depression. Some states only allow benefits if depression is a major contributing cause.

Contact a workers’ compensation attorney familiar with your state laws to understand how to position your claim for workers’ compensation for depression.

How to File a Claim

The first step you need to take if you feel you have a workers’ compensation case for depression is to notify your supervisor or Human Resources department. Your company more than likely has a process for you to formally file an incident report or claim form for workers’ compensation related issues. 

Typically your employer will have you visit a physician of their choosing to determine if your injury or condition was caused by your job duties. Since this exam is ordered by your employer, there may be some concern that it’s an impartial process, benefiting the employer. If your employer asks you to see a physician chosen by them, you might want to contact a work injury lawyer before you see the physician recommended by your employer or their insurance company.

The physician or your employer will complete a report of injury to submit to the state. This report will state that your depression was a result of work-related events, however, there is a requirement to provide medical certification to support a workers’ compensation claim. The physician will submit a diagnosis of your condition(s), make a statement of your ability to work, and will develop a treatment plan.

At some point during the early process of filing the claim, you will be asked to complete a claim form or report for the insurance company asking you to detail how your depression started as a result of your work. You should be as detailed as possible when answering any questions on this form or when speaking with a claims adjuster.  You need to be able to explain how your depression was caused by an employment or job-related situation. Be sure to indicate any witnesses to the incident, as they may be later called upon to support your case.

For more information

If you feel you have a workers’ compensation claim due to depression caused by your work conditions, the first thing you’ll want to do is contact a qualified attorney. Working with an attorney familiar with these types of workers’ compensation claims is essential. In best case scenarios, your workers’ compensation claim will be promptly processed and you will receive the proper compensation for your depression.  At times it’s not always clear whether your depression is work-related, so you may want to speak with an attorney well versed in workers’ compensation claims.

Contact Saffren & Weinberg today at (215) 576-0100 to get all your queries about workers’ compensation claims answered.