Workers’ Compensation Claims Involving Mental Injury
Over the last decade, increased attention has been paid to workers who experience stress or other psychological injuries as the result of workplace injuries. In the case of many of these injuries, including post-traumatic stress disorder (PTSD), there are not any visible physical symptoms. As a result, this group of injuries is distinct from all others that can be incurred on the job. These injuries, however, can be just as life-changing as other types of injuries. Fortunately, New Jersey law allows workers to receive compensation for claims involving mental injuries. To receive the compensation that a person is owed, however, it is often essential to obtain the assistance of a skilled accident attorney.
Establishing How Accidents Occurred
To prevail in any type of workers’ compensation case, a person often must demonstrate that his or her injuries arose both “out of” and “in the course of” employment. These two phrases are analyzed by courts of law in the following manner:
- Arose Out Of. If a job’s conditions contribute to an injury, then that injury is considered to be one that “arose out of” employment. To satisfy this category, a worker is not required to have actually been engaged in working for an employer at the time that the accident occurred. The resulting injury, however, must have some type of “essential relationship” to the worker’s position.
- In the Course of Employments. To satisfy this condition, the injury must have occurred within the worker’s period of employment, where the worker reasonably would have been located, and while the worker was reasonably fulfilling the duties of employment.
Workers Who are at Risk of These Injuries
It important to emphasize that workers can experience mental injuries due to various different factors. Workers who witness fatalities or serious injuries occur on the job might experience serious PTSD despite the lack of accompanying physical injuries. Emergency workers like law enforcement and ambulance responders are at significant risk of experiencing mental stimulus due to the difficult nature of their position. Some office workers who are placed under tremendous stress and deadlines are also at risk of experiencing injuries caused by the mental stimulus. Store clerks are also at risk of being witness to a robbery or other type of violent act, which can result in PTSD and other injuries. In most of these situations, workers who report PTSD and other conditions are required to establish their conditions through the use of evidence from medical experts. To establish how these injuries occurred, it is often essential to consult with a seasoned attorney.
Contact a Seasoned Accident New Jersey Accident Attorney Today
If you have experienced stress or the occurrence of any type of traumatic incident in the workplace, it is important to obtain the assistance of a seasoned attorney who can make sure that you receive the workers’ compensation that you deserve. Establishing a mental injury claim is often a difficult process, but a seasoned accident attorney can help establish exactly how your injury occurred. Contact a seasoned attorney at Ferrara Law today for assistance with your worker’s compensation claim.