Mental Suffering and Workers’ Compensation in Illinois

Posted: November 27th, 2015 | Author: | Filed under: Post-Traumatic Stress, Workers Compensation Insurance | Tags: , , , , , , | Comments Off

mental suffering, PTSD, Illinois worker's compensation attorneyWorkplace injuries cannot always been seen with the eye or even with an X-ray or MRI. Some workplace injuries come in the form of mental trauma or mental illness. These injures are often just as serious as physical injuries. However, there are some challenges to making a successful workers’ compensation claim for mental trauma.

What Types of Mental Suffering Can be Compensated?

Not all types of mental suffering or trauma are equal. If your job stresses you out or you cringe every time your boss yells at you, you may be undergoing a legitimate form of mental suffering, but in most cases it is probably not the type of thing that you can get worker’s compensation benefits for.

The classic example of mental injuries that are compensated under the worker’s compensation system is when an employee develops post-traumatic stress disorder, or PTSD, because of some type of workplace violence. The mental trauma does not have to be this severe to qualify for benefits, but it does need to have an identifiable cause.

Challenges to Successfully Bringing a Claim

These types of claims are challenging to win because of the personal nature of mental suffering.  Often arbitrators and defense attorneys are suspicious of anyone without a physical injury making a worker’s compensation claim.

In order to overcome this suspicion it is vital that you have a history of seeking and receiving treatment. No panel is going to take your word that you are suffering from a mental illness caused by working conditions. You will need medical records from a licensed therapist, psychiatrist, or psychologist.

It is also important that you report your injury as soon as possible to your employer. While this can be uncomfortable, the law requires employees to report workplace injuries as soon as they are discovered. Failure to make a timely report of the injury can be reason to have your claim denied.

What Kind of Accommodations are Required?

Employers must make the same kinds of accommodations to an employee suffering from a mental injury as they do with an employee with a physical injury. This may mean light duty, or a change in the work location.

Every case is unique. However, employers have several different legal obligations to make reasonable accommodations for your workplace injury, whether it is physical or mental.

If you have questions about workers’ compensation or mental suffering from a work accident, you need to contact a skilled and experienced DuPage County workers’ compensation attorney right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation.

 

Sources:

http://www.iwcc.il.gov/act.pdf

http://www.iwcc.il.gov/benefits.htm