Can I Bring A Workers’ Compensation Claim For Psychological Harm In Maryland?
If you suffer a physical injury at work, chances are you wouldn’t think twice about filing a workers’ compensation claim. However, when the harm you have suffered is psychological, it can be a little less clear what to do. In reality though, many professions are linked to higher incidences of psychological disorders, such as Post Traumatic Stress Disorder (PTSD), anxiety, and depression. If you are suffering one of these conditions due to a stressful or traumatic event associated with your job, you are not alone. In fact, even the case law on this matter is fairly split. It can be hard to know whether your claim should be covered or not, and many times your employer’s workers’ compensation insurance may just deny all claims for psychological injuries and allow the court to sort it out if the employee continues to appeal the denials.
Bringing a Successful Claim for Psychological Harm
Although the case law is somewhat split on this point, there are consistent factors that are considered and weighed in making a determination as to whether workers’ compensation insurance should cover claims for psychological harm. For instance, if the psychological harm was caused by witnessing a traumatic event at work or experiencing a catastrophic or life-threatening event at work, then this is likely to be deemed compensable by workers’ compensation insurance. Additionally, if the psychological harm was caused by factors specifically tied to that job or industry, it is more likely to be covered by workers’ compensation. For example, filing a claim for PTSD due to a stressful workplace that causes anxiety may be a valid claim if you are a paramedic or police officer who is exposed to high stress and traumatic situations regularly as a part of their job. On the other hand, someone who worked in an office and made the same claim would be unlikely to succeed in their claim as there is nothing inherent about their profession that is linked to the stress and anxiety that they said caused the PTSD.
How a Lawyer Can Help
If you have suffered a psychological injury due to your job or working conditions and are struggling to get the compensation and support that you are entitled to by state law, a Maryland workers’ compensation attorney can review the facts and circumstances of your case to determine the best course of action. An attorney can be a powerful advocate to help you navigate the workers’ compensation process and ensure that you get the protection, medical care, and compensation that you deserve. A lawyer can help you quickly determine how best to move forward.
Talk to a Maryland Workers’ Compensation Attorney
If you have suffered a physical or psychological injury due to your job or working conditions, contact the experienced Maryland workers’ compensation attorneys at Berman, Sobin, Gross, LLP and schedule a consultation today.
Resource:
scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?article=1783&context=lf
