Can You File a Workers’ Comp Claim in Georgia for a Mental Injury?
Most workers’ comp cases are pretty straight forward. An employee gets hurt while on the job. Maybe they hurt their back or suffered a traumatic brain injury. They file an accident report with their Human Resources office. Their accident is referred to the company’s workers’ compensation insurance company. They either approve the claim or deny it. If your claim is approved, you’ll be covered for medical care. You’ll also receive replacement wages. The length of your claim depends on how serious your injuries are. Generally speaking, most workers’ comp claims are for a physical injury, not a mental injury. Or, there may be a physical injury that causes a mental issue as well. For example, someone may fall and hurt their neck. They learn that they’ll be paralyzed as a result. This can cause them to become extremely depressed. This is a case in which a physical injury resulted in a mental issue as well.
In this sort of situation, the employee will be able to demand compensation for both physical and mental injuries. While it can be very hard to prove a mental injury, it’s not impossible. Generally speaking in Georgia, physical claims are easier to get approved than mental ones. And, when it comes to mental claims, most of them will be denied. If there was no physical injury, your Atlanta workers’ comp attorney will have to work hard to get your claim paid.
Either way, it’s a good idea to call and talk to an experienced workers’ comp attorney in Georgia sooner rather than later. Let them deal with the insurance company. This way, you can focus on recovering from your injuries and get the treatment you need.
There Are 3 Main Types of Mental Workers’ Comp Claims in Georgia
In Georgia, as in most states, there are three main types of mental claims under workers’ compensation. These are:
- Physical-Mental: This is when a worker suffers a physical injury such as a brain injury or knee injury. Then, it becomes evident that, as a result of a physical injury, the workers suffers a mental injury as well. For example, if someone suffers a back injury and becomes paralyzed, they will become anxious and depressed. The physical injury is what caused the mental injury. Many of these claims will be covered under workers’ comp.
- Mental-Physical: These cases are rare. This is when a mental injury actually leads to a physical injury. For example, someone suffers depression at work and this makes it impossible for them to do their job. Perhaps it causes such bad headaches or sleep issues that they can no longer function. Keep in mind- these claims are usually denied in Georgia. And, the court doesn’t typically order payment in cases where there is no physical injury.
- Mental-Mental: These claims are very hard to get paid. In these cases, one mental injury causes another. For example, an employee may suffer PTSD as a result of their work environment. This causes them to have extreme anxiety. This anxiety, more than anything else, is what prevents them from being able to work. The courts in Georgia do not really recognize these injuries as compensable under workers’ compensation law.
In any case involving a mental injury, your Atlanta workers’ comp lawyer will have their work cut out for them. Most mental injury cases are not approved. This means you may have no choice but to file a lawsuit.
Talk to a Skilled Workers’ Compensation Lawyer in Georgia About Your Mental Injury
If you’ve suffered any sort of injury while on the job, you’re going to need a Georgia workers’ comp lawyer. You should call our office right away and schedule your free consultation. If you suffered a mental injury, you’re going to have a hard time proving your case. You’re going to want a skilled workers’ comp attorney by your side. That is what we do. We have decades worth of experience getting our clients the compensation they’re entitled to.
Understand going in – it is difficult to get mental injury claims approved. Your attorney is going to be honest with you during your first consultation. If they don’t think you have a case, they’ll let you know upfront. However, if they believe you have a valid claim, they’ll do what it takes to get you the benefits you deserve. Call today and schedule your meeting. And remember – you pay nothing upfront and will not pay a dime until you win or settle your case.
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