Is PTSD Covered Under Workers’ Compensation?
Many New Yorkers perform intense, demanding jobs that expose them to traumatic experiences daily. Like sudden or repetitive motion injuries at the workplace, exposure to traumatic experiences occurring suddenly or over time can result in post-traumatic stress disorder.
PTSD develops when an individual encounters dangerous, shocking, or frightening events. Like any work injury, when this disorder results from workplace events, it is vital to report the injury as soon as possible. These events can occur at any job and affect any worker.
New York Works to Expand Workers’ Compensation Coverage for PTSD
Initially, workers’ compensation covering PTSD for employees in New York was extended to workers in emergency responder positions enduring traumatic events often daily, while other workers might only seek workers’ compensation for PTSD in conjunction with a workplace accident. But recently, a bill was introduced to provide the same coverage for any worker, allowing individuals to seek treatment and coverage for traumatic events experienced in the workplace.
Report the Event and Symptoms Immediately
Triggering events can occur at any time and affect anyone. A physical trauma does not have to happen, but an event or accident witnessed in the workplace can produce lasting mental health conditions. Each employer should have a standard operating procedure for reporting accidents, and reporting the incident and seeking medical attention should happen immediately to prevent a claim from being denied or delayed.
Documentation will be essential in a PTSD workers’ compensation claim, and knowledgeable, supportive legal representation can pull the evidence from your injury together to present compelling evidence of PTSD.
Symptoms of PTSD After a Traumatic Event
If you experience a traumatic event at work, seek help if you experience the following symptoms:
- Intrusive memories, upsetting dreams, flashbacks, and emotional distress
- Avoidance behaviors, particularly avoiding the places where the incident occurred, or avoiding conversation or thoughts of the event
- Adverse changes in mood leading to despair, hopelessness, detachment, trouble maintaining friendships, and emotional numbness
- Changes in emotional or physical reactions possibly causing hypervigilance, trouble concentrating, immense guilt and shame, and self-destructive behavior
These are not all the symptoms of PTSD, and symptoms can increase over time. Though medical practitioners conclude that most reactions to traumatic events will ease over a month, PTSD often grows worse. Waiting to get help for a workplace event is not recommended and must be reported within 30 days.
Benefits in a Workers’ Compensation Claim
When you schedule an office visit, let the doctor know your injuries are related to work so the documentation process begins with the first visit. Treatments are outlined in the Workers’ Compensation Board’s New York Post-Traumatic Stress Disorder and Acute Stress Disorder Medical Treatment Guidelines. Compensation can include:
- Treatment resources and payment
- Paid time off
- Lost wages compensation
- Potential ongoing treatment
Mental health conditions can often be more damaging than physical injuries because they are unseen, can take longer to heal, and are often mistaken for something other than a health disorder. Treatment for PTSD can save relationships, jobs, and lives. When workplace events cause these injuries, compensation should be available for treatment.
New York Employment Law and Personal Injury Attorneys
Demands on workers and the traumatic situations they encounter are growing, producing excessive physical and mental demands on employees. Gattuso & Ciotoli, PLLC, have accumulated over 50 years of experience providing for the legal needs of New York residents and workers. Schedule a free, private consultation if a traumatic workplace event results in PTSD.