All kinds of accidents can happen at work, but people assume that the only damages they can sue for are physical injuries. However, if you were in a work-related accident that resulted in mental injuries, you can pursue compensation. Lawyers specializing in workers compensation can help you file a claim for any occupational injury that leads to mental injury.
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What Is a Mental Injury?
It’s important to distinguish between mental and physical injuries. Mental injuries are also known as psychological injuries. They are psychiatric or psychological conditions associated with physical injuries or traumatic events. They can affect your moods, behaviors, feelings and thoughts. For example, an traumatic brain injury is not a mental injury. It can cause impairments, disorders and disabilities. These resulting conditions cause mental anguish.
Personal mental injuries are those that affect your ability to function in your personal life. Professional mental injuries affect your ability to function at work or in any future professional capacity.
If you have a mental injury after a work-related accident, you’re not alone. With the help of lawyers specializing in workers compensation, you can file a claim for benefits.
What Are Some Causes of Mental Injuries?
Some mental injuries result from a single traumatic event. For example, suppose you’re in a car collision that results in a moderate to severe traumatic brain injury. As a result, you may develop post-traumatic stress disorder (PTSD) in the future.
Other mental injuries can develop with time. In other words, you may not experience any detrimental effects right after the accident. However, you may notice, over time, that your mental health isn’t as it was before the injury. Symptoms you may have include mood disorders like depression and anxiety, fears and phobias, and PTSD. These symptoms are all classified as mental disorders.
In some cases, physical injuries may worsen or speed up the development of mental disorders. Some people are more likely to develop PTSD. This is true even in the face of similar traumatic experiences. In this case, the accident you were in becomes the traumatic event that sped up the development of PTSD symptoms.
Besides getting lawyers specializing in workers compensation, you may also benefit from the help of a therapist. They can diagnose your mental injuries, which can help you in two ways:
- The diagnosis and your therapist’s professional opinion can help prove your injury when you file a claim.
- The therapist’s assistance can help you pinpoint the problem. Together, you can work to recuperate and improve your mental state.
Types of Compensation for Mental Injuries
There are two kinds of compensation that lawyers specializing in workers compensation may help you pursue when you have work-induced mental injuries. They are punitive damages and compensatory damages.
What Are Compensatory Damages?
As your lawyer can explain to you, compensatory damages help cover the costs associated with the injury. If you suffer from depressive episodes and anxiety attacks resulting from chronic pain, your lawyer can argue that the insurance should cover your medical bills.
Examples of compensatory damages include:
- Medicinal and medical care cost both for the past and the future.
- Money lost due to loss of wages or earning capabilities both in the past and in the future.
- Pain and suffering.
- Loss of enjoyment of life.
Compensatory damages can be further classified into two sections.
Special Compensatory Damages
This type is for damages that can be documented. For example, you can record your medical expenses in the past and future through bills.
General Compensatory Damages
General compensatory damages are more difficult to record. It would be best if you documented them, but sometimes, you cannot place an accurate figure on them. These include the loss of enjoyment of life and lower quality of life. As the injury endures, they aren’t easily narrowed down to a specific number. In other words, they are noncountable.
What Are Punitive Damages?
These damages are awarded above the compensatory damages. Often, they are a punishment to your employer for committing or aiding in the accident.
For example, if you got in a car accident that resulted from an ill-maintained vehicle that your employer refused to service, a trusted attorney can help you pursue the appropriate damages regarding physical and mental injuries and any claim against your employer.
Lawyers Specializing in Workers Compensation Can Help You Move Forward
If you have a work-related injury, whether physical or mental, a lawyer can help. You don’t have to go through this without guidance. They’ll fight for your rights and be your advocate to ensure you’re treated fairly.
There are entire networks of professional personal injury lawyers specializing in workers compensation. Don’t wait to connect with one and start your claim. Remember, there are deadlines for filing claims, so if you wait too long, you could lose the chance to get compensation for your mental injury.