Workers’ Compensation Claims for Psychological Injuries
Workplace injuries in Maryland can take a wide range of forms, but most of us think about physical harm when we consider traumatic accidents and long-term exposures in Maryland workplaces. However, as a report in Forbes makes clear, workplace mental health harm is commonly being identified as a leading type of workplace injury. Indeed, as that report explains, a new study determined that “mental health issues such as stress and anxiety are now the number one most common workplace injury, making up 52 percent of all workplace injury cases.” Yet are mental injuries compensable through the Maryland workers’ compensation system? The answer is that it depends on the circumstances and the details of the case. Our Maryland workers’ compensation lawyers can explain.
Understanding Covered Injuries
Under Maryland law, in order for a work injury to be compensable through the Maryland workers’ compensation system, the injury must fit into the definition of an “accidental personal injury arising out of and in the course of employment.” Occupational diseases can also be compensable. For an injury to be accidental, it must have happened “by chance or without design, taking place unexpectedly or unintentionally,” with occupational diseases as an exception.
For an injury to “arise out of” employment, the injured worker must be able to show that “the conditions under which the work [was] required to be performed by the employer cause[d] the worker’s injury.” The term “in the course of employment” typically means that the injury happened while the employee was at work, at a worksite, and performing job duties or related matters.
How Are Psychological Injuries Assessed?
With that definition of a compensable injury, how are psychological injuries assessed? In some cases, but not all, psychological injuries can be compensable through the Maryland workers’ compensation system.
Broadly speaking, for a psychological injury like post-traumatic stress disorder (PTSD) or anxiety and depression to be compensable, an employee typically needs to prove that there was something about the specific workplace that made exposure to a traumatic event more likely — that it arose out of the employment — and that it occurred in the course of employment. In certain types of jobs with serious accident risks, for example, where an employee may bear witness to a particularly traumatic event. These types of cases are not always clear-cut, and it is important to work with a workers’ compensation attorney who can advocate for your right to compensation through the Maryland system.
At the same time, if psychological harm was a causal factor in a workplace accident that led to a physical injury, and that meets the requirements for workers’ compensation benefits, then you should generally expect the injury to be compensable, especially since workers’ compensation is a no-fault system.
Contact a Maryland Workers’ Compensation Attorney
If you sustained any type of injury at work that has resulted in physical or psychological harm, it is important to discuss the details with one of the experienced Maryland workers’ compensation attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC. We can assess your case and help you to understand whether it is likely to be compensable and, if so, we are here to assist you with your Maryland workers’ compensation claim. Contact us today for more information.
Sources:
forbes.com/sites/bryanrobinson/2023/10/09/mental-health-issues-soar-to-number-1-workplace-injury/
wcc.state.md.us/
