Are Psychological Injuries Covered Under Workers’ Compensation in IL?

When you think about work-related injuries, you may picture a construction worker sustaining an injury after falling from scaffolding, a warehouse worker pulling a muscle when lifting a heavy box, or even an office worker developing carpal tunnel syndrome. However, certain workplace environments and events can lead to other forms of injury – psychological injury. While mental health conditions can be covered under workers’ compensation in Illinois, filing a claim for psychological injuries can be incredibly difficult. The following blog explores what you should know about these difficult circumstances and the challenges you’ll likely encounter when filing a claim. Additionally, you’ll discover the importance of working with an Illinois workers’ compensation attorney to help you receive the justice you deserve.

Can I File a Claim for Psychological Injuries?

It’s important to understand that when you file a workers’ compensation claim after sustaining a physical injury, like a broken bone or traumatic brain injury, you are limited in the compensation you can recover. While traditional personal injury claims allow you to seek non-economic damages you’ve sustained as a result of the accident, like pain and suffering or mental anguish, this is not the case under workers’ compensation. As such, when filing a claim, you are only eligible to seek economic damages, which include your medical bills and a portion of your lost wages.

However, if the injury you sustain is psychological, you may still be eligible to pursue a claim in Illinois. For example, if you are injured in a slip and fall at work that leaves you with depression as a result, you can recover compensation. Additionally, if you are the victim of a traumatic event at work, like a robbery, that leaves you with anxiety or PTSD, you are eligible to file a claim.

What Challenges Can I Face?

In most injury cases, proving non-economic damages can be particularly challenging, as, unlike economic damages, there is no monetary amount associated with these injuries. As such, non-economic damages are subjective and often challenging to value.

In addition to being difficult to value, you may also find it challenging to prove that your psychological injury occurred at work. Unfortunately, it’s not uncommon for these claims to be denied on the grounds that your mental condition was pre-existing. This generally entails receiving a diagnosis and proving that no other aspects of your life can be the cause of your mental injury.

Unfortunately, seeking a workers’ compensation claim for non-physical injuries can pose a number of challenges. That is why it is in your best interest to work with an experienced attorney with the Law Firm of Kevin A. Moore to discuss your legal options. We understand how difficult these matters can be, which is why our team is committed to helping you fight for the best possible outcome for your circumstances. Contact us today to learn how we can represent you.