Workers' Compensation Information
Workers' Compensation Information
Mental Impairment Under New York Workers' Compensation Law
Serious accidents and industrial diseases cause terrible work-related physical harm. Every bit as real and devastating are severe work-related mental impairments. This article will present a short overview of how New York workers' compensation law treats mental injury in the workplace.
If you or a loved one suffers from mental, psychological, emotional or psychiatric disturbance from a work injury or incident, or because of adverse working conditions, a skilled workers' compensation attorney such as one at Ouimette, Goldstein & Andrews, LLP in Poughkeepsie, New york, can advise you of your workers' compensation rights.
Compensable Mental Conditions
As long as a mental or psychological problem arises out of and in the course of employment, it may be the basis of a compensable workers' compensation claim. Generally, for claims based on workplace stress, the stress must be more serious than that experienced by similar workers in normal workplaces.
In addition to covering psychic trauma itself and its resulting conditions (so-called mental-mental cases), New York workers' compensation law also covers mental injuries developing as a result of physical injuries (physical-mental cases), and physical conditions connected to earlier mental trauma (mental-physical cases), as long as the original injury is sufficiently connected to the employment.
Examples
Here are some instances where workers' compensation benefits have been awarded in New York for mental harm connected to employment:
- School bus driver's post-traumatic stress disorder (PTSD) after being an active participant in a horrific accident by virtue of having been the first to come upon the scene while driving a bus full of young children
- Secretary's acute, debilitating depression in reaction to finding her superior dead in his office from suicide
- Hospital employee's anxiety, panic disorder and depression caused by long-term workplace harassment
Exception
New York workers' compensation law provides an exception to the general acceptance of work-related mental harm as compensable. Benefits are not to be awarded if a solely mental injury from work-related stress "is a direct consequence of a lawful personnel decision involving a disciplinary action, work evaluation, job transfer, demotion, or termination taken in good faith by the employer." N.Y. Workers' Comp. § 2(7).
Pre-existing Conditions
If a previously incurred, but dormant and nondisabling, physical or mental problem is exacerbated or reactivated by a new psychological work-related condition, the pre-existing condition in its newly worsened state may be compensable.
Suicide
New York workers' compensation law dictates that benefits are not appropriate where the injury is caused by the intentional act of the worker. It follows that intentional suicide should not be a compensable injury, but there are circumstances when suicide is covered and death benefits awarded if a causal relationship between work and the suicide can be established. Death benefits may be allowed if the suicide arises out of and in the course of employment, such as when severe depression develops in reaction to prolonged pain and loss of function from a work accident, culminating ultimately in suicide.
Conclusion
The legal and factual issues in workers' compensation claims based on mental or emotional harm can be complex. A potential workers' compensation claimant with work-related psychological injuries can benefit from the assistance and advice of an experienced workers' compensation lawyer, like one at Ouimette, Goldstein & Andrews, LLP in Poughkeepsie, New york.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
