Tuesday, November 17, 2015

Workers Compensation in Rhode Island: Recovering for PTSD and Other Mental Injuries

Workers compensation laws protect employees who are injured, disabled, or become ill while on the job. These laws apply even if an injury does not occur at the workplace, as long as the activity that a worker was doing was part of his or her job duties or in some way benefited the employer.

Workers compensation does not just cover physical injuries and ailments. Rhode Island workers compensation covers the costs of treating psychiatric injuries that do not result from physical injuries, such as post-traumatic stress disorder (PTSD). This type of injury is often referred to as “mental-mental” injuries because they do not occur as a result of a physical injury but are caused purely by a psychological occurrence or stimulus while on the job. For example, a factory worker who witnesses a colleague catching and losing a hand in machinery, becomes traumatized, and subsequently develops a fear of using said machinery has grounds for a mental-mental or psychiatric claim.

Image source: doorwaysarizona.com

 However, there is a caveat: In order for a worker to recover, Rhode Island labor laws require the mental injury to be caused by emotional stress resulting from “a situation of greater dimensions than the day-to-day emotional strain and tension which all employees encounter daily without serious mental injury.” Simply put, all occupations come with a certain amount of stress. A salesperson who develops stress and anxiety from dealing with rude customers is not eligible for workers compensation because the job is expected to be stressful and the ailment arose from normal, day-to-day work responsibilities. However, a salesperson who witnesses a horrific accident in the course of duties and becomes traumatized might be able to recover workers compensation benefits.

In addition, a worker who develops a psychiatric injury as a result of a physical injury that occurred while on the job will have both covered under Rhode Island workers compensation laws.

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 While workers who develop PTSD or other psychiatric injury are covered under Rhode Island labor laws, psychiatric injury claims are often very difficult to prove. Unlike in physical injuries, there are no physical signs or visible symptoms. To improve their chances at recovering workers compensation benefits for a workplace psychiatric injury, workers should consider getting assistance from a local lawyer with experience in handling similar cases.

For more discussions on workers compensation laws in Rhode Island, follow this Sheeley Law Twitter account.