Workers’ Compensation benefits may be available to employees who are injured at work. If you cannot return to work or have expensive medical bills, Workers’ Compensation can help you make ends meet while you recover. Benefits for psychological injuries, like PTSD, are somewhat complicated to claim.
While Workers’ Compensation benefits are available for mental injuries, including PTSD, you typically must show that your PTSD stems from a physical injury from work. Simply developing PTSD throughout the course of your employment without being physically hurt may not qualify you for Workers’ Compensation benefits. Your attorney can help you prove your claims and get you the benefits you need.
Get a private, free review of your case from our Arkansas Workers’ Compensation lawyers by calling Ken Kieklak, Attorney at Law at (479) 316-0438.
Does Workers’ Compensation in Arkansas cover PTSD?
Post-Traumatic Stress Disorder (PTSD) can be extremely difficult to live with. It often makes it difficult, or even impossible, to go to work. If your PTSD stems from a work-related accident, you should speak to an attorney about whether Workers’ Compensation covers your case.
When Mental Injury is Compensable
Mental injuries, much like physical injuries, can make doing your job very hard. You may be able to claim Workers’ Compensation benefits for psychological injuries, including PTSD symptoms. However, you may only do so under certain circumstances.
You may claim benefits for PTSD, but it must stem from a physical injury, unless you got PTSD from being the victim of a crime. You otherwise cannot claim Workers’ Compensation with PTSD on its own.
How Long is Compensation Paid for PTSD?
While Workers’ Compensation may cover cases of PTSD, your benefits may only last so long. Under the law, benefits for mental or psychological injuries may only be paid for up to 26 weeks.
However, if the injured employee passes away as a direct result of their mental injuries within 1 year, benefits may be paid to their dependents.
Examples of Covered PTSD
A good example of PTSD that is compensable under Arkansas Workers’ Compensation laws may be serious work-related injuries that lead to psychological trauma. For example, you might severely injure your back at work, and the pain and trauma of the accident may lead to PTSD symptoms.
Another example may be when an employee is the victim of a crime. For example, if a store employee is held at gunpoint by a robber, they may experience PTSD. Not only that, but victims of crime do not have to prove their PTSD comes from a physical injury.
How Do I Prove My PTSD is Caused by a Work-Related Injury?
To prove that your PTSD stems from a physical injury, we need as much information and evidence about your condition as possible.
Burden of Proof
To successfully prove your PTSD claims are compensable, we must prove by a preponderance of the evidence that your PTSD stems from a physical injury. This burden of proof essentially means that our Springsdale, AR Workers’ Compensation lawyers must prove it is more likely than not that your PTSD is the direct result of a physical injury from work.
Professional Diagnosis
The law requires that your PTSD be professionally diagnosed. We must have a formal diagnosis from either a psychiatrist or a psychologist. Self-diagnoses or diagnoses made by non-professionals will not be enough to prove your claims.
Evidence
Common evidence in Workers’ Compensation claims for PTSD includes records from psychologists and psychiatrists, medical records about physical injuries, records of the workplace accident, and the injured employee’s statements or testimony about their condition.
FAQs About Workers’ Compensation for PTSD in Arkansas
Can I Receive Workers’ Compensation Benefits for PTSD in Arkansas?
Yes. If you develop PTSD because of a work-related accident and injury, you may be entitled to Workers’ Compensation benefits. However, proving mental injuries can be tricky, and you should get a lawyer to help you.
What Kind of Physical Injury is Required for Workers’ Comp Benefits for PTSD?
To claim Workers’ Compensation benefits for PTSD, you must prove that your PTSD symptoms are the direct result of a bodily injury you sustained in a work-related accident (unless you were the victim of a crime). There are no specifications for what kind of injury you need, and the injury does not have to be severe or life-altering.
How Long May I Receive Workers’ Comp Benefits for PTSD in Arkansas?
Under the law in Utah, an injured employee may receive Workers’ Compensation benefits for PTSD symptoms for no longer than 26 weeks.
How Do I Prove My PTSD Condition in a Workers’ Comp Case?
We must prove that your PTSD is the direct result of a work-related physical injury, and we must prove your claims by a preponderance of the evidence. This means we must demonstrate that it is more likely than not that your PTSD is the result of your work injuries. Records from a psychiatrist or psychologist who diagnosed you are crucial to proving your claims.
Can I Get Workers’ Compensation Benefits for PTSD if I Do Not Have a Physical Injury?
Generally, no. For mental injuries to be compensable, they must result from physical harm caused by a work-related accident. However, the law makes special exceptions for mental injuries experienced by victims of crime or violence.
Do I Need a Lawyer to Help Me Get Workers’ Compensation Benefits for PTSD?
Yes. While the law does not require that you hire a lawyer, doing so is in your best interest. The Workers’ Compensation process may be complex, and your lawyer should know how to assert your claims, gather evidence, and get you the compensation you need as quickly as possible.
Call Our Arkansas Workers’ Compensation Lawyers for Legal Help Now
Get a private, free review of your case from our Conway, AR Workers’ Compensation lawyers by calling Ken Kieklak, Attorney at Law at (479) 316-0438.