In South Carolina, people who suffer on-the-job injuries or develop an occupational illness can receive benefits through the workers’ compensation system. Most people think of workers’ comp as something that you can get for injuries like a broken leg or a respiratory issue caused by breathing in chemicals. But what happens if you are diagnosed with a mental health issue because of your job?

Mental health conditions like post-traumatic stress disorder (PTSD), depression, and anxiety may be covered by workers’ compensation if they were caused or made worse because of a person’s employment. For example, if you were working when your workplace was robbed at gunpoint, you may qualify for workers’ comp for PTSD. These types of claims can be more difficult to prove than physical injuries. Our Simpsonville workers’ compensation attorneys will work hard to help you get the benefits that you deserve.

At Brooks Derrick Accident and Injury Lawyers, we advocate for injury victims throughout the Simpsonville region. In addition to work-related injuries, we represent clients in a range of personal injury cases, including car accidents, slip and falls, bike accidents, and dog bites. We offer free initial consultations for all prospective clients and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a South Carolina workers’ comp attorney, reach out to our law firm today.

Can I File a Workers’ Compensation Claim for a Mental Health Condition?

Under South Carolina law, any employee who develops an occupational illness or suffers a work-related injury may be eligible for certain benefits through the workers’ compensation system. This may include:

• Medical treatment for all reasonable and necessary medical expenses related to diagnosis and treatment;
• Temporary disability payments to cover lost wages while unable to work; and
• Permanent disability payments for lost wages if a work-related injury renders a person unable to work or reduces their ability to work on a permanent basis.

Typically, workers’ comp benefits are seen as something that a person may receive if they suffer a physical injury or illness at or because of work. For example, if you fall and break your arm at work, then you would file a claim and seek benefits for your broken arm.

Workers’ compensation also covers certain mental health conditions, provided that they were caused by or made worse by a person’s employment. Under South Carolina law, a person can receive workers’ comp benefits for conditions such as:

• Depression: persistent sadness, changes in sleep and appetite, difficulty concentrating, and fatigue can be caused by a difficult work situation. This may include harassment at work or stress related to a heavy workload or poor management.
• PTSD: this condition can be caused by experiencing a traumatic event, including witnessing something like a serious accident or an assault while at work. Symptoms of PTSD include severe anxiety, flashbacks, nightmares, and emotional numbness.
• Anxiety: a person can develop anxiety from a range of workplace situations, such as a hostile work environment or unrealistic deadlines. Symptoms can include constant worry, panic attacks, difficulty sleeping, and physical symptoms like stomachaches.

These conditions may be compensable whether they were caused by work or if a pre-existing condition was made worse because of work. The key is to prove that the condition was somehow linked to work.

Consider a situation where a paramedic develops anxiety after being assaulted by a patient in the back of an ambulance on the way to the hospital. The paramedic starts having panic attacks and experiencing other symptoms. In this situation, the paramedic can likely receive workers’ comp benefits for their anxiety disorder.

Other cases may be less clear. For example, if a worker becomes depressed after being demoted for not showing up to work or calling off, they probably would not get workers’ compensation benefits because it is a legitimate employment action. On the other hand, if that same worker was demoted for discriminatory reasons and became depressed, they could potentially get workers’ compensation benefits.

If you have questions about whether or not you may be eligible for workers’ compensation benefits for a mental health issue, your best option is to speak with a lawyer. Our South Carolina workers’ comp attorneys will listen to your story and offer you advice on whether or not your claim is compensable. If you want to pursue a claim, we will advocate for your right to compensation.

Will It Be Difficult to Get Workers’ Comp Benefits for a Mental Health Issue? 

In an ideal world, mental health conditions would be recognized in the same way that many physical injuries and conditions are. Unfortunately, there is a lot of misunderstanding and stigma when it comes to mental health issues. This can often make it more difficult to get workers’ compensation benefits for a mental health condition.

The first challenge that many workers experience is proving that their mental health condition is somehow connected to their employment. While workers’ comp is a no-fault system, you still will have to demonstrate that your condition was caused or exacerbated by work. This can be more difficult in cases where there isn’t an obvious cause-and-effect.

In the broken arm example above, it will likely be very easy to prove that the injury was related to work. If a person develops depression because their manager is terrible and treats them badly, that can be harder to prove. In some cases (such as the paramedic described above), the link between a mental health condition and work will be easy to prove. In other cases, it will be more complicated.

If you notice symptoms of a mental health condition that you believe was caused by your work, you should report it as soon as possible to your employer and seek treatment. This can help to demonstrate that your mental health issue was caused (or made worse by) work.

This brings us to the second challenge associated with these claims: the sensitivity of mental health conditions. Many employees don’t necessarily want to tell their boss that they are feeling depressed or anxious (especially if their supervisor is the one causing the problem!). They may also be hesitant to share what can feel like deeply personal information.

Our Simpsonville workers’ compensation lawyers understand these concerns. We can help you navigate the process and offer advice on how to report the work-related condition and get the help that you need. We can then assist with gathering evidence to support your claim so that you get the benefits that you are entitled to under South Carolina law.

How Our Law Firm Can Help

Mental health conditions may not be visible, but they are very real. Just like physical injuries and illnesses, mental health issues can be caused by work. In South Carolina, our law offices can help you get the workers’ compensation benefits that you deserve for a mental health condition that is linked to your employment.

Based in Simpsonville, Brooks Derrick Accident and Injury Lawyers work with injured workers in South Carolina who have been diagnosed with a mental health condition related to their job. We understand the unique complexities of these cases and are committed to helping our clients get the best outcome for their case. Reach out to our law firm at 864-531-7765 or fill out our online contact form to schedule an appointment with a Simpsonville workers’ compensation attorney.