Compensable Psychological Injuries In New York

Accidents can happen in the workplace. Under New York’s Workers’ Compensation Law, only accidental injuries arising out of and in the course of employment are compensable. While you might think of physical injuries such as broken bones, back injuries, and head trauma, there can also be psychological injuries.

Dealing with psychological injuries in an accident can be complex. That’s because physical injuries are often visible or can be proven with diagnostic testing such as X-rays and MRIs. Psychological injuries can be harder to prove, as there is no single test that can determine whether or not a person is suffering from such an injury. It’s also difficult to prove that the psychological injury in question was caused by a workplace accident.

There are two types of compensable psychological injuries in New York: psychological injury caused by work-related stress and psychological injury caused by a work-related physical injury. Here’s a look at each of these in more detail.

Psychological Injury Caused by Work-Related Stress

This is where workplace stress causes psychological injury. In order to receive compensation, the claimant must demonstrate that the stress that led to the injury was greater than what similar workers experienced in a normal work environment.

Psychological Injury Caused by a Work-Related Physical Injury

This occurs when a workplace accident occurs as a result of a physical impact and causes psychological trauma. The claimant must establish a connection between the accident and the injury.

Some types of mental health conditions that may qualify include anxiety, depression, and PTSD. However, virtually any mental health condition that is a workplace injury may be eligible for compensation.

There is an exception though. Mental health conditions that are caused by “lawful personnel decisions” that an employer makes in good faith likely will not qualify for compensation. These actions include disciplinary action, job transfer, demotion, or termination.

Types of Evidence That May Determine Whether a Psychological Injury is Compensable

Determining whether a psychological injury in the workplace is compensable typically requires various forms of evidence to establish the injury’s validity and connection to employment. These include:

• Medical reports. Diagnoses from psychologists or psychiatrists detailing the condition and its link to workplace events.
• Employment records. Documentation of incidents, complaints, or conflicts contributing to psychological distress.
• Witness statements. Testimonies from coworkers or supervisors confirming stressful events or harassment.
• Incident reports. Formal workplace reports on events leading to psychological harm, such as bullying or traumatic accidents.
• Performance reviews. Changes in work performance due to psychological distress.
• Expert testimony. Opinions from medical and occupational experts on causation and severity.
• Personal journals or emails – Written records by the victim showing emotional impact over time.

Contact Us for More Information About Workers’ Compensation Benefits

Workplace accidents can cause physical and emotional injuries. While some emotional injuries are compensable in New York, they require a lot of proof.

Workplace accidents can cause a lot of injuries. Get the help you need from a White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon. The assistance of a lawyer can help you better understand the claims process and the benefits to which you are entitled. To schedule a consultation, fill out the online form or call our office at (914) 228-1770.

Source:

workerscompensation.com/daily-headlines/what-are-the-two-types-of-compensable-psychological-injuries-in-new-york/