Kevin Cortright Workers Compensation Law Blog on Lawyers.com

Workers' Compensation Claims for Psychiatric Injury

Tuesday, July 26, 2011 by Kevin Cortright

Workers’ Compensation Claims for Psychiatric Injury- Compensable Injuries
Sometimes an industrial injury can be psychological in nature. When you encounter psychological problems as a result of your employment, your employer can be liable for treatment expenses. Your psychological injury is compensable if it causes disability or makes you need medical treatment. If you can prove that the psychological problems occurred because of employment, stress at work, an actual injury, or a variety of other factors, then your employer is responsible for getting you psychiatric treatment.

Workers’ Compensation Claims for Psychiatric Injury- Non-Compensable Injuries
If your psychological problems are not the result of an injury, or do not require medical treatment, then they are not compensable. For example, if you hear co-workers gossiping about you, and it troubles you, that would not be compensable. The event which causes the psychological trauma must be work related and not merely incidental to working in a certain environment. You need to speak with an attorney to decide whether your psychological trauma is compensable under workers’ compensation.

Workers’ Compensation Claims for Psychiatric Injury- Requirements
To qualify for workers’ compensation for a psychiatric injury, the employee must have been employed by the employer for at least six months. This employment need not be continuous, but must add up to six months in total. To qualify as “employed”, the employee must have actually performed work for the employer. Having a contract to begin work for the employer in six months does not qualify. However, if there was an injury which happened before the six month period, and it was “sudden and extraordinary”, then the employee may qualify for psychiatric compensation.

For more information about workers’ compensation psychiatric injury or our services and experience, or to schedule a no-cost workers’ compensation treating psychiatric injury confidential consultation regarding your situation, please contact us:

The Law Offices of Kevin Cortright

Offices in Murrieta and Palm Springs

For more information call 877-882-4088

Posted at 14:17 PM

Topic: Workers Compensation