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Can I Receive Workers Comp for PTSD – Lawsuit for Emotional Distress


Can I Receive Workers Comp for PTSD – Lawsuit for Emotional DistressPost Traumatic Stress Disorder is gaining greater attention as a major disability victimizing tens of thousands of employees across the United States each year. Federal and state employee rights and disability laws governing workplace compensation provided a basis to file claims for recovery against employers. Workers in stressful occupations are susceptible to developing symptoms recognized as Post Traumatic Stress. Industries and occupations with a high risk of PTSD include law enforcement, paramedics, firefighter, contract workers in war-torn regions of the globe, and soldiers. However, Post Traumatic Stress can take place in any occupation. All too often victims of workplace harassment, discrimination, and bullying begin to experience deep felt emotional trauma resulting in post traumatic stress. In other instances employees who witnesses acts of violence or have been assaulted by others in the workplace suffer from physiological effects resulting in Post Traumatic Stress. Contrasting with claims based on accidents in the workplace, mental claims differ in that they may not be linked to one specific incident; but rather a series of acts or traumatic episodes.

Categories of PTSD Claims

Claims for workplace emotional distress are generally separated into three categories.
  1. PTSD resulting from a physical injury suffered in the workplace.
  2. Emotional injury only claim s- where there is no accident or physical injury associated with the mental trauma.
  3. 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.
Victims of PTSD caused by workplace incidents have a right to compensation under the law.

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.
  • Flashbacks
  • 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 PTSD

According 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 (888) 649-7166.

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  • This field is for validation purposes and should be left unchanged.
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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