Can You File a Workers’ Comp Claim for Anxiety or Emotional Distress?
When we think of workers’ comp claims, we tend to think of physical injuries. Lots of people hurt their backs or necks at work. They need surgery and physical therapy. This means they’ll be out of work for a while, and it makes sense for them to collect workers’ comp.
Other people collect workers’ comp for things like carpal tunnel or an illness. For example, if someone contracts cancer due to their job, they will be entitled to workers’ comp. But, are there other types of workers’ comp claims?
The short answer to this question is, “Of course.” There are dozens of types of workers’ comp claims. It all depends on the type of work you do and what kind of injury you suffer. A common question is whether you can file a claim for things like anxiety and emotional distress, and the answer is yes. However, it is very hard to prove a case like this.
Landover workers’ compensation lawyers in Maryland have handled cases like this before. If you’re suffering from anxiety or emotional distress and want to file a workers’ comp claim, you should contact an attorney.
Landover Workers’ Compensation Lawyers Handle All Types of Claims
No matter what type of work you do, you can get hurt on the job. Construction workers suffer a lot of falls and back injuries. Electricians may be more susceptible to burn injuries. And office workers tend to develop carpal tunnel.
But some people suffer different kinds injuries. You can actually develop anxiety or emotional distress (ED) from your job. Depending on the stress level of your job, you may end up with terrible anxiety. And, if you work in an industry where you deal a lot of illness or death, you may end up with ED.
The problem is that it’s very hard to prove a workers’ comp claim for either anxiety or ED. Some of the problems include:
- It’s hard to diagnose these disorders. Any psychological diagnosis can be questioned. Once you submit your claim, your employer is going to have their own psychologist evaluate you. Since psychological diagnoses can be subjective, there is a chance that he’ll say you have no injury.
- It’s difficult to prove that your anxiety or ED prevents you from working. Almost all jobs involve some level of stress and anxiety, so what makes your job any different? Your employer is going to argue that you can still do your job regardless of having your illness.
- It’s hard to prove that your job actually caused your injuries. Your employer can easily claim that your personal life is what caused your anxiety or ED, and will claim that a recent death or divorce is the cause of your injuries and not your job.
Your Landover workers’ compensation lawyer is going to have an uphill battle. He will have to overcome all of these obstacles in order to get your claim approved.
Your Landover Workers’ Compensation Attorney Will Have to Prove Your Injury
Even if you did actually suffer an injury, you still have to prove it. This means your attorney will have to show that you are injured and that your injuries were caused by your job. It is not just a generalization that he can make. He’ll have to submit actual proof.
The kind of proof your attorney will have to rely on will mostly be psychological. He’ll have to find a psychiatrist who is willing to say that you indeed have anxiety or ED. This could be due to the fact that your employer’s doctor claims there is nothing wrong with you.
The hardest part about your case will be proving that you aren’t able to work. Everyone suffers anxiety and ED to a certain extent. And they go to work every day. What makes your disorder so much worse than everyone else’s? This is what your Landover workers’ compensation attorney will need to prove.
Can My Landover Workers’ Compensation Lawyer Get Me Disability Instead?
If your Landover workers’ compensation claim is denied, you may be able to apply for disability. However, the requirements for disability are even stricter than most workers’ comp cases. In order to qualify for disability, you must prove the following:
- You suffer from a severe medical or mental illness
- This condition makes it impossible to work at your current job or any of your past jobs
- This condition makes it impossible for you to do any other kind of work
The problem is, general anxiety or ED is not a qualifying impairment under disability. Your lawyer will have to prove that you actually have one of the listed impairments. This may be very difficult.
Getting a workers’ comp claim for anxiety or ED is very difficult. It is not an undertaking you want to handle yourself. Contact a Landover workers’ compensation lawyer today. Schedule your initial consultation. It’s absolutely free and you pay nothing until your claim is settled or paid.