When Can You Claim Workers Compensation for Mental Illnesses?

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Explore:  Mental Illness PTSD

When Can You Claim Workers Compensation for Mental Illnesses?

Anthony Kalmanowicz operated a tractor for New Enterprise Stone & Lime Co., Inc., until he was caught up in a bizarre suicide. While driving along Route 6 in Bradford County, an oncoming driver intentionally veered towards his truck in an apparent suicide attempt. Mr. Kalmanowicz was unable to prevent the fatal head-on collision. While the other driver died upon impact, Mr. Kalmanowicz managed to get away with minor chest, shoulder and wrist injuries. Several months later, he was diagnosed with post-traumatic stress disorder. The Pennsylvania court ruled that the injuries Mr. Kalmanowicz suffered from the accident were sufficient to be considered a physical stimulus of subsequent psychological trauma.

Under Pennsylvania law, you can claim workers compensation for mental illnesses where the mental illness is triggered in the course of your employment. In this instance, mental illnesses can be divided into three different categories:

  1. Mental/physical. This is where a psychological stimulus leads to a physical injury, for example, suffering from migraines as a result of harassment in the workplace
  2. Physical/mental. This is where a physical stimulus leads to a psychological illness, for example, depression or post-traumatic stress disorder after a work accident
  3. Mental/mental. This is where a mental stimulus leads to a mental injury

To be entitled to compensation in a case of the mental/mental category, it may be necessary to show that you worked under abnormal conditions.

In this case, the minor injuries Mr. Kalmanowicz suffered from the collision were sufficient for the court to place him into the physical/mental category. In this category, Mr. Kalmanowicz did not have to prove that abnormal working conditions caused his current medical condition.

If you are suffering from a mental illness connected to your employment, you should approach a Berks County workers compensation attorney for a consultation and a thorough analysis of your case.

- See more at: http://www.larrypitt.com/2013/07/18/when-can-you-claim-workers-compensation-for-mental-illnesses/#sthash.f5XwLTnO.dpuf

Anthony Kalmanowicz operated a tractor for New Enterprise Stone & Lime Co., Inc., until he was caught up in a bizarre suicide. While driving along Route 6 in Bradford County, an oncoming driver intentionally veered towards his truck in an apparent suicide attempt. Mr. Kalmanowicz was unable to prevent the fatal head-on collision. While the other driver died upon impact, Mr. Kalmanowicz managed to get away with minor chest, shoulder and wrist injuries. Several months later, he was diagnosed with post-traumatic stress disorder. The Pennsylvania court ruled that the injuries Mr. Kalmanowicz suffered from the accident were sufficient to be considered a physical stimulus of subsequent psychological trauma.

Under Pennsylvania law, you can claim workers compensation for mental illnesses where the mental illness is triggered in the course of your employment. In this instance, mental illnesses can be divided into three different categories:

  1. Mental/physical. This is where a psychological stimulus leads to a physical injury, for example, suffering from migraines as a result of harassment in the workplace
  2. Physical/mental. This is where a physical stimulus leads to a psychological illness, for example, depression or post-traumatic stress disorder after a work accident
  3. Mental/mental. This is where a mental stimulus leads to a mental injury

To be entitled to compensation in a case of the mental/mental category, it may be necessary to show that you worked under abnormal conditions.

In this case, the minor injuries Mr. Kalmanowicz suffered from the collision were sufficient for the court to place him into the physical/mental category. In this category, Mr. Kalmanowicz did not have to prove that abnormal working conditions caused his current medical condition.

Posted in Workers Compensation | Tagged mental illness, post-traumatic stress disorder, workers compensation

Topics:  Mental Illness, PTSD

Published In: Worker’s Compensation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Larry Pitt & Associates, P.C. | Attorney Advertising

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