Are Psychological Injuries Covered Under Workers’ Compensation in Massachusetts?
Workplace injuries can be incredibly traumatic. When people think of workplace injuries, something like falling off of scaffolding or getting hit on the head by something heavy is probably what comes to mind. However, what often gets left out is the psychological effect that these injuries can have. Indeed, victims of workplace accidents often experience mental trauma that can be much worse than any of the injuries they received – and potentially longer lasting.
Psychological injuries are covered by Workers’ Compensation in Massachusetts. You can pursue Workers’ Compensation claims for psychological injury in a similar manner to how you would for a physical injury. Just like in those claims, you have to demonstrate that you have a psychological injury that stems from your work in order for your claim to be successful.
To get a totally free review of your claim from our team of Chelmsford, MA Workers’ Compensation lawyers, contact the Law Office of John J. Sheehan by calling (617) 925-6407.
Can I Get Workers’ Compensation for Psychological Injuries in Massachusetts?
Massachusetts law allows for people who suffer psychological injuries at work to get Workers’ Compensation benefits. Pursuant to Mass. Gen. Laws Ch. 152 § 1, the term “personal injury” for Workers’ Compensation also includes mental and emotional “disabilities.” Since Workers’ Compensation covers personal injuries you get at work, it also covers psychological injuries, provided that you and our Massachusetts Workers’ Compensation lawyers can demonstrate that you have those injuries.
What Do You Need to Prove to Get Workers’ Compensation for a Psychological Injury in Massachusetts?
To prove that you are entitled to Workers’ Compensation for a psychological injury, you need to demonstrate that the injury was caused by things that happened at your job. For example, suppose someone working in a large warehouse gets struck by a forklift and pinned against the wall for a long period of time. In addition to physical injuries, the worker also experiences intense psychological trauma and symptoms of PTSD. That worker would probably have a good chance of filing a successful Workers’ Compensation claim. However, suppose a different worker gets in their car, starts driving home, and is hit by a truck. In that case, any psychological injury probably does not stem from the victim’s work, so a Workers’ Compensation claim may be more challenging unless there are other facts that make the injury work-related.
To obtain Workers’ Compensation for a psychological injury, you have to demonstrate that you actually have that injury. Some of the ways that you can help prove that you are entitled to compensation include:
Medical Records
Medical records regarding your injuries can be a very strong form of evidence in Workers’ Compensation claims. For example, if you have records that show you sought treatment from a psychiatrist or other medical professional for distress brought on by your work injuries, that can be used to support a claim that you received psychological injuries at work.
Testimony
People testifying in court can also help demonstrate that you suffered psychological injury. Medical professionals can opine about your condition and how the injury has affected you, co-workers may be able to tell the court how your injuries have affected your work, and friends and family can talk about how your injuries have affected you. You are also able to take the stand yourself and discuss the psychological effects of your workplace injuries.
Other Evidence
Other things can be used as evidence as long as they have added something to the case and are not unfairly prejudicial to one side over the other. For example, if you kept a journal where you wrote down how your injuries affected you, that can be submitted as evidence to help prove psychological injury. Many different things are admissible as evidence, and our lawyers can help you figure out whether you should introduce an item as evidence or not.
Things You Can Do to Advance Workers’ Compensation Claims for Psychological Injury in Massachusetts
There are important things you can do to help forward your Workers’ Compensation claim. The burden of proof is on you and our lawyers, so you should do anything you can to help improve your chances of success.
Report the Incident
Report the workplace incident out of which your claim arises as soon as you can. Your workplace human resources department having documentation of your claim is critical to its success. If the workplace does not have a record of your injury, it is going to be much harder to prove your case.
Document Everything You Can
Another way to improve your claim is to get as much information as possible. If there were eyewitnesses, make a note of who they were and take their statement. If your workplace has cameras, you may be able to get your hands on video footage of your workplace accident. If there are medical records detailing treatment you got for the effects of your accident, our lawyers can help you track them down. It is also beneficial to have personal records of your injuries and how they have affected you, as that can be beneficial to your claim.
Retain Legal Counsel Quickly
Finally, get in touch with our lawyers as soon as possible. The sooner that legal professionals start working on your claim, the greater your chances of success are likely to be. Additionally, Mass. Gen. Laws Ch. 152 § 41 makes it so that claims must be brought within four years of the injury taking place, so it is always a better idea to talk to legal counsel sooner rather than later.
Get in Touch with Our Massachusetts Workers’ Compensation Lawyers Today
The Law Office of John J. Sheehan has Fall River, MA Workers’ Compensation lawyers who can help you when you call us at the number (617) 925-6407.