Does Workers’ Compensation Only Cover Physical Injury?
Author: Auger Law | August 17th, 2016
People who are physically injured on the job are aware that they can file a workers’ compensation claim to assist them in paying for the costs associated with those injuries. Slips and falls, lacerations and incidents involving machinery are all covered. There are even instances in which telecommuters hurt on the road or at home may be compensated for their injuries. What happens, though, when the injuries you sustain are not physical, but mental?
When it comes to workers’ compensation in Charlotte, you may be compensated for workplace stress or even sexual harassment. Proving workplace stress or harassment due to negligence can be difficult, but not impossible. In many cases, your attorney can argue the point that you would not be suffering with mental distress had your employer taken the proper steps to prevent that distress. Here are some examples.
1. Post-Traumatic Stress Disorder
In 2003, a nurse filed a lawsuit against her employer, claiming that she was suffering with PTSD. The woman presented evidence that she worked with patients that were suicidal, homicidal and otherwise disturbed. The court concluded that she was indeed subjected to stress at her workplace, a psychiatric hospital, and that her PTSD was a direct result of her employment.
2. Harassment
Claims of sexual harassment have been denied in most courts across the nation, with judges handing down opinions that sexual harassment is not workplace specific. There has been a case, however, where a plaintiff was awarded compensation due to general harassment. In that case, the worker was able to prove that she had filed complaints according to policy and that, because her complaints were mishandled, her harassment and subsequent stress were the direct result of her employer’s negligence.
Do not assume that because the injuries you have suffered at work are not physical, you do not have a right to compensation. An attorney will be able to advise you of your options depending on the circumstances surrounding your injury.
If you need assistance filing for workers’ compensation in Charlotte or your claim has already been denied, call our team of attorneys. We will offer you a free initial case evaluation and review the details of your case. Call now for assistance or browse our website for more information about our firm and the types of cases we handle.
