Workers’ compensation laws and supporting regulations in every jurisdiction support workers in the event of a work-related injury. Employers are responsible for creating a healthy workplace. In addition, it is necessary to identify the problems experienced by workers and to solve them with early intervention. Otherwise, workers have the right to demand compensation in case of any physical or mental injury.
What is a psychological injury?
Psychological injury is also called mental injury. It includes a set of emotional and behavioral symptoms that interfere with an employee’s life and can significantly affect how they think or feel, and how they treat others. Psychological injury; may include conditions such as post-traumatic stress disorder, depression, anxiety, or mood disorders.
There are some regulations for psychological injury to be subject to compensation. Accordingly, primary psychological injuries resulting from employment are included in the workers compensation system, while secondary psychological problems resulting from another work accident are excluded from this plan.
In what situations can psychological injury be claimed?
In order to be able to claim for psychological injury, it must be taken into account in the compensation program. For that, the injury must be diagnosable. Emotional and nervous reactions such as frustration, anxiety or anger do not qualify as primary psychological injuries subject to compensation. Receiving medical treatment after a diagnosis of psychological injury will provide an indication of the extent of the injury suffered. This situation will bring the right to claim compensation.
The most common job-related psychological injury claims are employees being bullied. In addition, it is caused by toxic work environments that are exposed to negative effects such as assaults, sexual harassment and workplace conflicts.
When talking about the negative environment in the workplace, the usual decisions that are a part of professional life should be excluded. Because claims of psychological injury are generally not accepted if they relate to reasonable action taken by the employer in connection with dismissal, performance appraisal, transfer, disciplinary action, or assignment.
So what should be done when there is a psychological injury at work?
Workers compensation lawyers should be consulted at any time during the claims process when a psychological injury has occurred as a result of employment. However, it is very important to contact workers compensation lawyers as soon as possible to ensure that all rights are taken. Thus, what needs to be done can be determined professionally and the most appropriate result can be achieved.
What benefits does workers compensation for psychological injury cover?
Workers compensation payments may include these:
- costs incurred during the rehabilitation period,
- costs associated with retraining for other employment opportunities,
- all medical expenses – (doctors, psychiatrists, psychologists, etc.),
- income replacement payments to injured workers,
- lump sum payment for any permanent injury or disability.
The benefits that can be obtained at the end of the claim will also depend on the specific circumstances of the injury situation, such as the severity of the injury.
In addition, workers compensation claims must normally be made within 6 months from the date the injury was learned. These and some other details should be evaluated by experts in the field. For this reason, it should be ensured that the compensation claim is finalized in the best way by meeting and consulting with experienced workers compensation lawyers.