Louisiana workers who suffer workplace injuries or are afflicted with an illness or condition because of the work they did will understand that they can seek workers’ compensation benefits. These benefits will provide them with medical care and a percentage of their wages as they get treatment and try to recover sufficiently to get back to some level of health and return to work. However, not all injuries are obvious. This can reference so-called “soft tissue” injuries where the worker is complaining about pain but it is difficult to see and extensive testing is needed to prove it exists. It can also reference mental injuries.
For those who are suffering from mental injuries from their work, it is possible to get workers’ compensation benefits if they meet the legal requirements for it. If the worker has suffered mental illness or injury due to stress on the job, he or she cannot get workers’ compensation for it because it is not viewed as a personal injury from an accident that came about while the worker performed his or her duties as required by the job.
It is possible to get benefits based on mental issues if the mental injury came about because of extraordinary, sudden and unexpected stress linked to the employment and there is clear evidence as to this fact. For the worker to receive compensation due to mental injury or illness, it must be diagnosed by a licensed psychiatrist or psychologist. The diagnosis must meet the requirements presented in the latest edition of the Diagnostic and Statistical Manual of Mental Disorders.
While it is clearly more complicated to get workers’ compensation benefits because of mental issues after workplace injuries, it remains possible for there to be an approval. Those who are unable to fulfill the duties of their employment in these circumstances and need medical assistance and coverage for wages should contact a law firm that handles workers’ compensation cases to try and get their benefits.