Before we start to look at emotional and mental stress injuries in the workplace, and how these can fall under personal injury laws and workers’ compensation rules, let’s consider the whole issue of workplace injuries in general.
You can suffer a physical injury at work, and if it is something that qualifies as a workers’ compensation case, you will have medical expenses, lost wages, and other costs covered by your employer’s special insurance for such accidents or injuries. However, few of those insurance firms are happy to dole out the funds and will really scrutinize any and all claims.
They will consider if the injury was a workplace injury, they might question the timeline of events to see if you (perhaps) were injured (knowingly or not) by something outside of work, and so on. Yes, it is a bit offensive to be questioned in such a way, but there are many cases of dubious claims, and so the insurance firms are always on their guard.
In addition to coming up against this paranoia from the insurance firms, you must also prove that the incident was due to something that was not your fault, but that of someone else. In a workers’ compensation case it could be that machines were malfunctioning, someone failed to follow safety procedures, or a long list of other issues.
This is why it is best to follow very specific steps after any workplace injury (including reporting it immediately, getting a report of the incident, and so on) and also getting in touch with a workers’ compensation lawyer.
What If It is Mental?
Now, what if you think that the injury you sustained in the workplace was mental, emotional, or psychiatric in nature? For example, let’s say that you were the manager of security for a long list of stores in the Las Vegas area. Let’s say that you had no real office but went from place to place each day, and had to follow a very tight schedule. You did this for several years, but lived under a constant weight of pressure to be ten places at once.
Would any mental, emotional, or psychiatric injuries that appeared during your time working for this company qualify as a workers’ compensation case? That is very difficult to say. This is because you will have to be able to prove that the condition was the result of those unhealthy, stressful, and abnormal conditions.
As a prime example, you might sustain a very traumatic injury using heavy machinery. You recover but develop some sort of severe anxiety because of the incident. This is a very clear case of mental injury coming from physical injury – and a good candidate for workers’ compensation.
If your mental or psychiatric injury occurred in relation to a physical injury on the job, your case is likely to be much easier to prove. However, on no account should you pursue any claim of this kind without help from a skilled workers compensation lawyer in Las Vegas. They will be able to look at the facts of your claim and help you determine if you should pursue damages or not.