Recovering from a work injury can place a significant financial burden on workers. Combined with the physical limitations that a work injury can cause, injured employees may find themselves feeling symptoms of depression. When this occurs, an injured worker may be entitled to get the care and support they need from workers’ compensation.
If you believe you are experiencing depression because of a work injury, the workers’ compensation attorneys of Calhoon & Kaminsky P.C. can help you pursue the workers’ comp benefits you need. For more than two decades, our attorneys have worked diligently to help injured employees throughout Pennsylvania through the complex process of filing and pursuing workers’ compensation claims.
Our legal team has built up the knowledge and experience necessary to handle even the most complex workers’ compensation claims. We fight vigorously on behalf of our clients when employers and insurers try to deny benefits. When you turn to us for help, you can expect us to take the time to sit down with you, understand your concerns and goals, and ensure you know your rights so that you are empowered to make the best decisions for yourself.
If you’re suffering from depression from a workers’ comp injury, you may be entitled to workers’ compensation benefits. Reach out to Calhoon and Kaminsky P.C. for a free, confidential consultation with our Pennsylvania workers’ compensation lawyers.
Types of Work-Related Injuries That May Cause Depression
A work injury can have debilitating effects on every facet of your life. Symptoms of physical injuries, such as numbness, tingling, weakness, and chronic pain, can trigger sleeplessness, fatigue, and anxiety. Stress from not working or being able to handle the daily tasks of living can result in a reduced quality of life. All of this can cause an injured worker to develop depression.
Examples of the types of workplace injuries that may trigger depression or other mental health conditions in an injured worker include:
- Broken bones, strains, and sprains
- Ligament, tendon, or muscle tears
- Repetitive stress injuries
- Nerve damage
- Herniated spinal discs
- Internal organ injuries
- Burns
- Electrocution injuries
- Head and facial injuries
- Traumatic brain injuries
- Spinal cord injuries (neck and back)
- Amputation
- Occupational illnesses, such as work-related cancers or infections
How Common Is Depression After Workplace Accidents?
Studies suggest that injured workers are 45 percent more likely to suffer from depression. Whether an injured worker may develop depression, anxiety, or other mental health conditions due to their workplace injury may depend on the individual and their circumstances. Injuries that might cause one person no psychological symptoms may cause another person to develop severe depression or anxiety.
Depression and anxiety can often occur for workers who suffer disabling work injuries that leave them unable to work or cause difficulties with performing daily tasks like errands, home maintenance, or self-care. The physical limitations caused by a work injury can cause significant frustration for many people.
Combined with the stress that people may experience as they worry about when they will return to work and start earning a regular income again, a physical injury can cause many people to become anxious and depressed.
Can I Get Workers’ Compensation for Depression After a Work Injury?
If you’re suffering from depression after your workplace injury, you may be entitled to workers’ compensation. Because workers’ compensation covers treatment for your work injury, it should also cover mental health treatment if your depression is due to the injury.
However, workers’ compensation benefits are usually not awarded for depression, anxiety, or other mental health conditions not caused by a workplace injury. There are exceptions to this in Pennsylvania, but the standard of proof is extremely high. A claimant will typically need to show that they suffered an “extraordinary event” or “abnormal working conditions” over a longer period of time, such as sexual harassment or another illegal activity.
If you are feeling symptoms of depression, you need to inform your treating providers, including the providers who are treating you for your work-related injury. Your physicians can refer you to mental health professionals and prescribe medication to help with the symptoms of depression or anxiety.
If your treating providers do not provide a referral to mental health treatment, you can also contact the workers’ compensation insurer. They should give you a list of mental health providers you can see. However, you will have to get mental health treatment approved by the insurer to receive workers’ compensation benefits for your depression or anxiety due to a work injury.
Common Signs of Depression After a Work-Related Injury
Injured workers should familiarize themselves with the signs and symptoms of depression. Common signs of depression after workplace injuries include:
- Irritability, aggressive outbursts, or other unusual behavior
- Unusual mood changes or mood swings
- Substance abuse
- Restlessness or insomnia
- Fatigue, drowsiness, and decreased energy
- Excessive sleeping, especially during daytime hours
- Feelings of sadness, emptiness, or loneliness
- Loss of interest in activities
- Wanting to isolate yourself
- Trouble with concentration or memory
- Stress eating or lack of appetite
- Sudden and unprompted crying spells
- Thoughts of harming yourself
You should seek professional help and support if you are experiencing any of these symptoms. Don’t hesitate to call the National Suicide Prevention Lifeline toll-free 24/7 at 800-273-8255 if needed.
Depression Treatment Covered Under Workers’ Compensation
You may be entitled to receive workers’ compensation benefits if your depression is linked to your work-related physical injury. Benefits and support available from Pennsylvania workers’ compensation include the following:
- All reasonable and necessary medical care – This includes appointments with a primary treating physician and therapy sessions with a mental health professional, such as a psychiatrist, psychologist, or licensed therapist. Medical care may also include prescriptions for anti-depressants or other medications to treat the mental health effects caused by a work injury. It can also include emergency mental health treatment and hospitalization if you suffer severe symptoms.
- Temporary disability benefits payments – Temporary disability benefits can provide partial wage replacement if you must miss time from work due to severely debilitating effects of depression.
- Permanent disability benefits – You may be able to get permanent disability benefits if you experience symptoms of depression so severe that you cannot return to work.
How to Prove Depression After a Work Injury in a Workers’ Comp Case
You will need substantial medical evidence to prove that you have developed depression, anxiety, or other mental health conditions due to your work injury. Evidence that you are suffering from depression because of a work-related injury may include the following:
- Evidence from the scene of the work accident that caused your injuries
- Medical records detailing the treatment of your work injury
- Medical records and doctors’ notes referencing your symptoms of depression or anxiety
- Referral orders from your treating physicians directing you to seek mental health care
- Testimony offered by you and your co-workers, family, and friends regarding the debilitating effects you have experienced because of your depression or anxiety
- Expert testimony from your treating providers and other healthcare professionals diagnosing you with a mental health condition due to your work injury
- Testimony from healthcare and vocational experts regarding how the symptoms of your depression or anxiety prevent you from performing the essential functions of your job
In some cases, employers and their workers’ compensation insurers may try to deny a workers’ comp claim for depression or anxiety by arguing that you suffered from depression or anxiety before your work injury. This typically occurs if you had previously sought treatment for symptoms of depression, anxiety, or another condition.
However, you may still be entitled to workers’ compensation benefits for depression, even if you suffered from depression before a work injury. You may be able to prove your work-related injury reaggravated or worsened the symptoms of your depression or anxiety. You will typically need testimony from treating providers you saw for your depression or anxiety. They can testify to how your condition or symptoms worsened because of your work injury.
How to File a Workers’ Comp Claim for Depression in Pennsylvania
If you have not yet filed a workers’ compensation after suffering a work-related injury and have been diagnosed with both a work-related injury and related depression or anxiety, you can file an initial workers’ comp claim that seeks benefits for both your physical injury and depression.
In Pennsylvania’s workers’ compensation system, you are required to notify your employer of a work injury as soon as possible. You should provide notice within 21 days of the date that you were injured to avoid a delay in your possible payment. However, you must provide your employer with notice of your work injury no later than 120 days after the date of your injury to be entitled to any workers’ comp benefits.
When you notify your employer of your workers’ compensation claim, your employer or its insurer will typically file the first report of injury with the Pennsylvania Bureau of Workers’ Compensation to formalize your claim.
If your workers’ compensation is denied, you typically have three years from the date of the injury to file a claim with the workers’ compensation bureau. In this case, you would be seeking to have the bureau order your employer and its insurer to provide you with certain benefits.
However, if you have already filed a workers’ compensation claim for a work-related injury and later develop depression or anxiety due to your work injury, the process of seeking workers’ compensation benefits for your depression is a little different.
When you already have an active workers’ compensation claim, you or your attorney will need to file a change of claim status form with the workers’ compensation bureau to add in a claim for benefits for depression. This will inform your employer, its insurer, and the bureau that you wish to also seek workers’ comp benefits for your depression or anxiety.
Your employer and its workers’ comp insurer may accept your change of claim status and provide you benefits for your depression or anxiety. If they deny your change of claim status, you may need to pursue workers’ comp benefits for your work injury-related depression or anxiety through the hearing process with the workers’ compensation bureau.
Contact an Experienced Workers’ Comp Attorney in Harrisburg, PA Today
If you are experiencing symptoms of disabling depression due to physical injuries or illnesses you’ve suffered at work, you may be entitled to financial benefits through workers’ compensation. Contact the experienced Harrisburg, PA workers’ compensation attorneys of Calhoon and Kaminsky P.C. for a free, no-obligation case evaluation to learn more about how our firm can help you seek the benefits and resources you need.
