If you are suffering from Post-Traumatic Stress Disorder (PTSD) due to a traumatic event that occurred in your workplace, you may be eligible for workers’ compensation benefits that could help you as you recover.
Fighting for workers’ compensation benefits for PTSD can be difficult due to the State of Virginia’s specific requirements. When filing a claim, you should:
- Notify your employer within 30 days of the injury.
- File a claim with the Virginia Workers’ Compensation Commission within two years of the injury.
- Document all medical treatment.
Unfortunately, many workers’ compensation claims for PTSD are unfairly denied for a variety of reasons. A skilled workers’ comp attorney can help you build a strong claim from the beginning or appeal a claim that was denied. You can learn more about how we can help with your PTSD claim when you contact us for a free case review.
How Can I Prove My Workers’ Compensation Claim for PTSD?
Sometimes insurance companies will try to blame outside situations such as family stress, money problems, or other traumatic events for causing PTSD so they don’t have to compensate you. To build a strong claim, you must prove that a work-related event or series of events directly caused you to develop PTSD. Some possible scenarios include:
- PTSD developed following a work-related injury – If you sustained a severe injury at work, you may feel afraid to return to the same job for fear it could happen again. Car accidents, accidents involving heavy machinery, or violence in the workplace could all cause a person to develop PTSD even after they have recovered from the physical injuries.
- PTSD resulted from a sudden fright at work – Even if the traumatic event did not cause you direct physical injuries, witnessing a coworker die or sustain severe injuries could cause serious psychological damage.
- PTSD developed over time through a series of traumatic work-related events – Some jobs expose employees to traumatic situations on a regular basis. Police officers, firefighters, medical personnel, and other first responders are among some of the employees who may witness horrific events multiple times during their career. Over time, these events can lead to PTSD and other psychological challenges.
The attorneys at Marks & Harrison can help you gather evidence to help you build a strong case.
What Are the Types of Jobs Where PTSD Claims Are More Likely?
PTSD claims are most likely in jobs that are inherently dangerous or where you are in contact with people who are severely injured. Some examples include:
- Military personnel
- Police officers
- Firefighters
- Medical personnel
- Journalists
Additionally, workplace violence can occur in any setting. Individuals who experience or witness workplace violence may be at risk for PTSD regardless of the field they work in.
The State of Virginia recently passed a law that specifically allows police officers and firefighters to collect workers’ compensation for PTSD they developed due to something that occurred in the line of duty. If this applies to you, an attorney can help you understand what you need to do to collect the compensation you are owed.
What Are the Most Typical Symptoms of PTSD?
PTSD symptoms vary from one person to another and can include emotional, behavioral, and physical symptoms. Sometimes the symptoms may not be noticeable right away, or you may not realize how much they are impacting your life. In some cases, the symptoms can improve within months of an incident, but other times they can persist for years or even permanently.
Some common symptoms include:
- Anxiety
- Depression
- Anger and aggression
- Self-destructive behavior
- Flashbacks and nightmares
- Memory problems
- Withdrawing from others
- Feeling startled by sudden noises
Mental health conditions are harder to diagnose because they cannot be seen on an x-ray or blood test. You will likely need to see a psychiatrist or other doctor who specializes in PTSD. It is important to document all of your symptoms and share them with your doctor, even if they seem minor.
This will help your doctor provide the correct treatment, and it will also serve as written evidence of the severity of your condition. Your doctor will also be able to provide their medical perspective regarding how much time you should take off work and whether or not they recommend returning to the same job.
What Are Some of the More Common Physical Effects of PTSD?
While the emotional and behavioral symptoms of PTSD are perhaps more well-known, it is important not to overlook the physical symptoms that many people with PTSD experience, including:
- Headaches
- Nausea and vomiting
- Diarrhea
- Ulcers
- High blood pressure
- Excessive tiredness
- Heart attacks
These physical effects of PTSD are common symptoms of many other illnesses. Insurance companies may try to prove that your symptoms are part of some other condition that is unrelated to the workplace in an attempt to deny you compensation. If you document your symptoms and seek appropriate medical treatment, you will be more likely to prove that your symptoms did indeed start due to the workplace trauma.
How a Virginia Workers’ Compensation Lawyer Can Help
Living with PTSD can make everyday life difficult and can put a strain on your most important relationships. The financial impacts of missing work and paying for extensive psychiatric treatment can make things even more difficult. If you developed PTSD due to something that occurred on the job, you may be eligible for workers’ compensation benefits.
Filing a workers’ compensation claim seems like it should be easy, since over 36,000 workers’ comp claims were filed in Virginia in one year alone. However, without legal representation, your claim may be denied, or the insurance company may offer you much less than what you deserve.
An experienced workers’ compensation lawyer can help support your claim by gathering strong evidence, such as:
- Medical records
- Incident reports
- Witness statements
- Photos
- Surveillance videos
A lawyer can also help you prepare your claim and provide documentation to your employer. If your claim is denied, a workers’ comp lawyer can help you file a timely appeal.
Contact a Virginia Workers’ Compensation Lawyer Today
Marks & Harrison has been serving the people of Virginia for over a century. We have developed a powerful reputation for protecting workers’ rights and helping hardworking people pursue compensation for injuries they sustained on the job. With over 26 attorneys, we are one of the largest personal injury law firms in Virginia. We have access to vast resources that smaller firms simply do not have.
Contact us today online or by phone for a free and confidential consultation.
