Did you know June is Post-Traumatic Stress Disorder (PTSD) Awareness Month and June 27, 2024 is PTSD Awareness Day? This annual occurrence aims to raise public awareness and understanding about the mental health condition. In this blog, we examine causes, symptoms, treatments, and other resources available to those impacted by PTSD. We then look at the various workers’ compensation rules and regulations regarding PTSD from work-related events.
What is PTSD?
PTSD is a mental health condition that can be caused by experiencing or witnessing a horrific or terrifying event. PTSD symptoms can include flashbacks, heightened startle responses, 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.
Worker Impact
Psychological injuries, just like physical ones, can interfere with an employee’s ability to do their job. PTSD is an example of a psychological workplace injury. 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.
Historically, PTSD has been viewed and discussed via its impact on military veterans. Today, following greater understanding of the mental health condition, PTSD is understood to impact anyone who experiences a significant trauma.
Workers’ Compensation for PTSD
Throughout the United States, this wider acceptance is reflected through the recent extension of 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—it is commonly accepted these public service members meet the criteria for a PTSD classification. There is also 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.
Unfortunately, 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.
While Georgia lawmakers have brought forth bills that would provide workers’ compensation coverage for first responders dealing with line-of-duty-related adverse mental health conditions, no changes have passed state legislation. Police, firefighters, and other emergency workers currently only receive insurance benefits following a physical injury with no stipulation for psychological conditions.
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. This includes: 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.
Next Steps
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.