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Understanding Emotional Distress in a Workers’ Compensation Claim

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Posted On 06.09.15 by in Blog

Understanding-Emotional-Distress-in-a-Workers’-Compensation-Claim

If you have been injured while on the job, you likely have a workers’ compensation claim to file. However, you do not want to handle this on your own as there are many different legal issues to take into consideration. Without the help of an experienced legal representative, you might not get the compensation you deserve. Keep in mind that your employer and their insurance company will likely have a whole team of attorneys ready to handle the case, and that’s not something you can face on your own.

For example, one thing that could come up is compensation for emotional distress. The right workers’ compensation attorney in Baltimore will know how to argue in your defense and ensure you receive compensation for any distress you have been under.

What Is Emotional Distress?

Whenever you suffer from an accident or injury, it won’t just be your body that’s affected. Your mental and emotional state could be damaged to the point that you deal with debilitating distress that continues to haunt you for a long period of time. The legal system recognizes that emotional distress can appear in a few ways, including:

  • • PTSD (Post Traumatic Stress Disorder)
  • • Panic and Panic Attacks
  • • Anxiety
  • • Phobias
  • • Fears
  • • Obsessive Behavior
  • • Social Anxiety Disorder
  • • Depression and Clinical Depression

 
The legal system also recognizes two specific types of emotional distress including negligent harm and intentional harm. Of course, negligence cases are the most common problems that arise in workers’ compensation claims. However, there have been cases when an employer, coworker or supervisor has intentionally chosen to do something harmful to another individual. Either way, the emotional distress can be a part of the compensation claim as long as your attorney knows how to properly handle it.

Proving Emotional Distress

It will be the responsibility of you and your attorney to prove that emotional distress is present, and that may not be as easy as you think. The court will likely want some sort of evidence or proof that you have been dealing with emotional concerns, such as outward signs like vomiting, headaches, lack of appetite, problems with sleep, panic attacks, etc. It is very important that you have a qualified attorney who knows how to handle these cases. They may need to bring in expert witnesses, such as doctors or psychologists to prove that you have dealt with emotional distress as well. Your attorney will know how to make the right decisions in regard to your case specifically.

There are many parts to a workers’ compensation claim that you must understand in order to receive the payments you deserve. They don’t just have to pay for lost wages, disability, and medical bills. Things like emotional distress could be factors as well. So, if you have been injured on the job in Baltimore, make sure you contact an attorney with specific experience with workers’ compensation. They will know how to handle your case in the best possible way and they will ensure you receive what you deserve, which could include payments for emotional distress.

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