The impact of a workplace accident can have lasting repercussions which extend far beyond physical disabilities. Unlike physical injuries which can be easily diagnosed and proven through an x-ray or ultrasound, psychological injuries are harder to see on the surface. Psychological and emotional disabilities do not have one single diagnosis and are often more difficult to claim under Wisconsin worker’s compensation law than physical disabilities. If you or a loved one have suffered from psychological injuries caused by the workplace and have had your claim denied, do not hesitate to contact an experienced Wausau worker’s compensation attorney.
Wisconsin’s worker’s compensation law applies to nearly every employee in the state. If a workplace accident leads to an injury that results in medical treatment and/or time lost from work, worker’s compensation coverage is to be provided by the employer so that the cost of medical expenses and lost wages are covered.
The typical Wisconsin workers compensation injury involves physical disabilities. However, worker’s compensation can also cover mental harm caused by the workplace, including the following types of mental health conditions:
The most common type of mental health condition arising from a work injury is where a person suffers a physical work injury that leads to extending time lost from work, or in extreme cases the inability of the person to return to work due to permanent disabilities, and then suffers depression or anxiety caused by the physical injury and resulting interruption of the person’s ability to earn a living. In this case, the cost of treating this work related depression may be covered by workers compensation. However, in many cases the workers compensation carrier may contest the work relatedness of such mental health treatment. An experienced workers compensation attorney such as John R. Jokela can discuss the details of your situation with you and explain your rights as an employee.
Another type of psychological injury is mental stress without an underlying physical injury at work. However, these types of mental stress claims have a very high burden of proof and the employee must show that the mental stress was caused by conditions or circumstance that rise beyond those common to our daily lives. This is a difficult hurdle for many injured employees to overcome, but severe cases of mental stress that meets this legal definition do exist and can lead to conditions like post-traumatic stress disorder, depression, and anxiety.
Courts will typically look to this “extraordinary stress standard” when determining whether the conditions of the workplace were great enough to lead to the psychological injury resulting solely from work related stress. An experienced worker’s compensation attorney will be able to provide you with assistance in discussing and filing your claim for psychological harm caused by workplace accidents or ongoing workplace stress.
If you or a loved one have been injured in a workplace accident and have questions regarding benefits related to psychological and emotional disabilities, do not hesitate to contact the John Jokela Law Firm. John Jokela has almost 20 years of experience in handling Wisconsin worker’s compensation claims and has assisted clients in handling both physical and psychological claims. Contact our Wausau office today and we will be happy to discuss your case with you at no cost.