Dealing with the physical pain and limitations of a work-related injury is difficult enough, but many injured workers don't realize the mental and emotional toll their accident can take. Stress, anxiety, depression, and PTSD may be “invisible injuries” but they are very real and can severely impact your quality of life.
If you find yourself struggling with mental health issues after being hurt on the job, you're not alone. And you do have legal options to get the care and compensation you need to heal - both physically and mentally. At Armstrong Personal Injury Law, Warren Armstrong is a seasoned work injury attorney who is here to guide you through this challenging time and fight for the full and fair recovery you deserve.
Immediate Steps to Take After a Workplace Injury
Being hurt on the job is a frightening and overwhelming experience. After a work accident, prioritize your health and protect your legal rights by:
- Reporting the injury. Notify your supervisor or employer about the accident as soon as possible, ideally in writing. Follow your company's protocol for injury reporting.
- Seeking medical care. Even if your injuries seem minor, get a thorough medical evaluation. Tell the doctor that your injuries are work-related. Follow all treatment recommendations.
- Documenting the accident. Write down what happened while it's fresh in your mind. Include details like the date, time, location, and any witnesses. Take photos of the accident scene and your injuries if possible.
- Consulting with an attorney. Reach out to an experienced Dallas-Fort Worth work injury lawyer to discuss your rights and legal options. They can guide you through the claims process and fight for the full compensation you deserve.
Understanding Mental Health Compensation in Non-Subscriber Work Injury Claims
Many Texas employers opt out of the state's workers' compensation system and instead provide injury coverage through private insurance plans. These employers are known as "non-subscribers."
If you were injured while working for a non-subscriber employer, your legal rights and the claims process can differ significantly compared to a traditional workers' comp case. It's important to work with a knowledgeable non-subscriber work injury lawyer who understands the nuances of these claims and how to maximize your mental health compensation.
Types of Mental Health Conditions Caused by Work Injuries
Depending on the nature and severity of the workplace accident, an injured worker may develop various mental health conditions, such as:
- Post-Traumatic Stress Disorder (PTSD). Traumatic events like a serious fall, explosion, or assault at work can lead to PTSD. Symptoms include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident.
- Depression. The physical limitations, chronic pain, and financial stress of a work injury can trigger depression. Signs include persistent sadness, irritability, sleep disturbances, and feelings of hopelessness.
- Anxiety disorders. Injured workers may develop intense fear or worry related to returning to work or the uncertainty of their future. This can manifest as generalized anxiety, panic attacks, or phobias.
Challenges in Proving Mental Health Damages
Unlike physical injuries that can be documented with medical tests and visible symptoms, mental health conditions are more challenging to prove. Insurance companies may try to downplay the severity of your emotional distress or argue that it stems from factors unrelated to your work accident to get out of offering fair mental health compensation.
To build a strong case, it's crucial to have:
- Proper diagnosis and treatment. Seek care from a mental health professional who can evaluate your condition, provide an official diagnosis, and recommend appropriate treatment. Follow their guidance consistently.
- Detailed records. Keep a journal documenting your symptoms, how they impact your daily life, and any treatment or medications. Obtain copies of all medical records and bills related to your mental health care.
- Witness statements. Co-workers, supervisors, friends, or family members who have noticed changes in your behavior or emotional state since the accident can provide valuable supporting testimony.
Compensation Available for Mental Health Damages
In a non-subscriber work injury claim, you can pursue mental health compensation for the full extent of your losses, including mental anguish and emotional distress. Damages may cover:
- Mental health treatment costs, such as therapy sessions, psychiatric evaluations, and medications
- Lost income if your mental health issues prevent you from working
- Loss of earning capacity if your condition impacts your ability to perform your previous job duties or advance in your career
- Pain and suffering to account for the overall psychological impact on your life
Pursuing a non-subscriber work injury claim involving mental health compensation for damages can be a complex and emotionally taxing process. But you don't have to go through it alone. Warren is here to provide the compassionate guidance and aggressive advocacy you need every step of the way.
