Mental Health Support for Workers After a Workplace Injury
Request Free ConsultationBusy, career-driven Americans devote a great deal of time and energy toward their careers, commonly giving their all to their employers and relying on their income to provide for their families. When an employee suffers a serious workplace injury that prevents a prompt return to work—or makes it impossible to return at all—it’s only natural that the injury victim suffers significant trauma and changes to their emotional state. Additionally, pain, immobility, and the need for frequent medical appointments all interfere with a workplace injury victim’s way of life. In some cases, mental trauma stems not from an injury, but from witnessing a serious workplace injury, death, or other adverse event. Fortunately, workers’ compensation insurance in many states now acknowledges that mental health trauma after a workplace injury or adverse event is a valid concern and deserving of support.
How Does Workers’ Compensation Approach Mental Health Support?
Employee resarch studies show that injured workers face a higher risk of developing mental health issues compared to uninjured employees, commonly seeking mental health services within six months of their injury date. Depression, anxiety, and post-traumatic stress disorder (PTSD) were the most common diagnoses in workplace injury victims. Under Missouri DOR 6-156, the law states the following: “Workers’ compensation benefits are provided to employees for injuries or illnesses arising out of and in the course of employment in accordance with the Missouri Workers’ Compensation Law.” Missouri workers’ compensation now extends workers’ compensation benefits to employees with or without physical injuries if the mental health disorder is work-related. When the mental health disorder arises from events in the workplace that are “Extraordinary and unusual” the employee has a right to compensation for the costs of their mental health treatment. For example, if a construction worker witnesses a coworker electrocuted to death, they may need counseling to deal with mental health impacts from the trauma.
How Do I Request Workers’ Compensation Benefits for a Work-Related Mental Health Disorder In Missouri?
After suffering a physical injury with emotional impacts or developing a mental health disorder from workplace trauma, it’s critical to report the physical and/or mental health injury to your employer. Then, seek treatment with a qualified mental health professional listed on your employer’s list of preferred providers. A successful claim requires documentation of the mental health disorder and clear evidence that the problem arose from workplace trauma. Evidence of your claim may include a psychological evaluation by a mental healthcare professional, background information, including any evidence of a family history of emotional disorders or a personal history of mental illness, and the testimony of mental health experts about the impacts of the traumatic experience and how the mental health condition impacts your life. Workers’ compensation provides compensation for all injury-related treatment costs and a percentage of lost wages when they approve a claim.
What If I’m Denied Benefits or Not Fully Compensated?
Despite the availability of benefits for workplace-related mental health support, not all claims are approved. Sometimes simple oversights in filing, failing to notify an employer in writing, or seeing a provider not on your employer’s list may result in a denial of your claim. Fortunately, it’s not too late. Missouri allows employees denied workers’ compensation benefits to file appeals. A significant percentage of claims are granted after an appeal.
How Can a Workers’ Compensation Lawyer Help?
Filing a claim correctly with diligent attention to detail, meeting all deadlines, and providing evidence are the key to a successful workers’ compensation claim for mental health support. A St. Louis workers’ compensation lawyer from The Floyd Law Firm can help you navigate your claim for the highest possibility of success, or assist you in filing an appeal after an initial denial. Call The Floyd Law Firm for legal representation in your Missouri workers’ compensation claim.