I am willing to wager that when you hear the term “workplace injury,” the first image that comes to your mind is of an employee slipping, falling, or getting a body part caught in heavy machinery.  Yet, not all workplace injuries are entirely “physical” in nature.  Workplace accidents can result in psychological injuries as well.

Psychological injuries, just like physical ones, can interfere with an employee’s ability to do his or her job. Anxiety and depression are common examples of psychological injuries that can be debilitating. They can have a significant impact on an employee’s work performance and require ongoing medical treatment.

Yet, while many state workers’ compensation systems provide for compensation to employees for physical injuries suffered in the course of their employment, psychological injuries are not always covered.  There has been a trend in many states in recent years towards providing workers’ compensation benefits for psychological injuries, but the road continues to be difficult in many parts of the country.  Several states, including Georgia, continue to apply long-standing regulations that reject workers’ compensation benefits for purely psychological injuries.

Post-Traumatic Stress Disorder (or PTSD) is an example of a psychological workplace injury. PTSD is a mental health condition that can be caused by experiencing or witnessing a horrific or terrifying event. PTSD symptoms can include flashbacks, a heightened startle response, depression, anxiety, nightmares, cognitive decline, and uncontrollable thoughts about the event. Sometimes physical symptoms such as headaches, ulcers, nausea, and fatigue can also manifest in persons with PTSD.

Historically, soldiers were the most typical PTSD patients. However, many states have extended workers’ compensation benefits to emergency personnel suffering from PTSD, such as police officers and firefighters, due to the special nature of their jobs; namely, that traumatic events are a “usual” part of their employment. But there is a developing awareness that other lines of work, even if they do not historically include usual or predictable instances of traumatic events, such as reporters and teachers, can also result in PTSD, and that such injuries should be eligible for workers’ compensation.

One recent example of significant change being forged is in Manitoba, Canada, where brand new legislation recognizes PTSD as a work-related disease, thereby giving workers in a variety of occupations greater access to PTSD benefits and care. If an employee is exposed to certain types of traumatic events and is diagnosed with PTSD, there is a presumption that the PTSD is caused by the worker’s employment, unless the contrary is proven, and such injuries will be eligible for medical benefits coverage. The Manitoba Workers’ Compensation Board explained that, “[t]he intention of the presumption is to reduce stigma around mental illness and to make it simpler in some cases to establish a causal connection between PTSD and a worker’s employment.”

In the United States, in the wake of recent gun violence at schools and private workplaces, some states are taking steps to review and expand their workers’ compensation systems to include civilian workers who suffer from psychological injuries, including PTSD, as a result of workplace trauma.

Unfortunately, even with the backing of much of the scientific and medical communities and a greater understanding and acceptance by the general public, in many states, it is still difficult, if not impossible, for workers who suffer from PTSD as a result of their employment to  obtain workers’ compensation benefits.

For example, Georgia still follows the rule that psychological injuries alone are not covered at all.  Rather, there must be an accompanying physical injury in order for an employee to be eligible to receive workers’ compensation benefits for PTSD, anxiety, depression, or any other psychological injury. In other words, if the only harm suffered is psychological, the employee is not entitled to any benefits.

In order to help determine whether a psychological injury is covered by workers’ compensation benefits, Georgia has created three different classifications:

• Physical – Mental. This classification refers to physical injuries that cause psychological injuries, such as suffering an incapacitating leg injury on the job and then developing depression.  Under Georgia law, these injuries have the best chance of qualifying for workers’ compensation coverage.
• Mental – Physical. This classification refers to physical injuries that result from mental harm, such as suffering a stroke as a result of workplace stress.  It is more difficult to qualify for workers’ compensation coverage in Georgia for an injury classified as “mental-physical.”
•  Mental – Mental. This classification refers to psychological injuries that result from mental harm, such as developing PTSD as a result of witnessing a coworker’s death at the office.  Existing Georgia law precludes any workers’ compensation coverage for an injury classified as “mental-mental.”

Given that these classifications can mean the difference between receiving proper medical care and being left out in the cold, it is critical for workers suffering from psychological injuries to understand and keep track of every key detail about their condition, such as how and when their condition began, whether it was caused or accompanied by any physical injuries, and how and when their condition has changed, improved, or worsened over time.

If you are an employee who has suffered a psychological injury as a result of a traumatic event at work, it is also important for you or someone acting on your behalf to consult with an experienced lawyer as soon as possible. Lawyers with expertise working with employees who have suffered these types of injuries will be able to help you recover the benefits to which you are entitled.

The Poirier Law Firm has experience representing Georgia employees who have suffered psychological workplace injuries. Our team is committed to fighting for workers’ rights with courage and compassion and to achieving the best possible medical and financial outcomes for each of our clients. Call Poirier Law today for a free consultation.