Can I Receive Workers Comp for PTSD – Lawsuit for Emotional Distress
Categories of PTSD ClaimsClaims for workplace emotional distress are generally separated into three categories.
- PTSD resulting from a physical injury suffered in the workplace.
- Emotional injury only claim s- where there is no accident or physical injury associated with the mental trauma.
- Emotional trauma resulting in both psychological damage and physical damage. Physical Manifestations of PTSD often include heart attacks, vomiting, ulcers, high blood pressure, and chronic headaches.
Common Signs and Symptoms of Post Traumatic Stress (PTSD)Every individual reacts differently to a traumatic event or injury. There can be numerous varied symptoms of PTSD. If you are experiencing any of the symptoms below seek medical attention and diagnosis by a trained physician. Some of the most common signs and symptoms of PTSD are as follows.
- Sings of increased activity – hypomania
- Intrusive Memories and Nightmares
- Feelings of Intense Distress when confronted or reminded of the trauma
- Intents physical manifestations
- Felling of lacking emotional response
- Depressed mood
- General Confusion
- Avoidance of activity and others
How Long Do I Have to File a Workers Comp Claim for PTSDAccording to the state of California labor law a workplace compensation claim must be filled within one year from the date of the injury or the date in which a employers has mailed by first class mail a claim form and a notice of potential eligibility for benefits to the injured employee. Of course it is difficult or in some cases impossible to pinpoint the exact date of emotional distress of post traumatic stress. Accordingly Law Assumes that the Statute of Limitations does not begin to run until either (a) the date the employee fist suffered the disability or (b) the employee knew or should have known of the disability. Thus, in many cases the statute of limitations for PTSD will not begin to run until the date of diagnosis of the disability by a trained practicing physician. Filing a Lawsuit: If you have any legal questions regarding the filing of a worker’s compensation claim for physiological injuries including Post Traumatic Stress feel free to contact our law firm toll free (855) 339-8879.
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