Can You Get Workers’ Compensation for Psychological Injuries in Tampa?
Workplace accidents in Tampa can be extremely traumatic. Some workers experience shootings and violence, and they may struggle to come to terms with these incidents. Others witness their colleagues suffering catastrophic injuries or fatalities, and these memories may remain for years. But can you really file a workers’ comp claim based on psychological injuries? This may be something worth discussing with an experienced Tampa workers’ comp lawyer.
Workers’ Compensation Does Not Cover Non-Economic Damages
The first thing you need to understand about workers’ comp is that it is not a personal injury lawsuit. As a result, this “no-fault” insurance system does not cover “non-economic damages.” In a normal personal injury lawsuit, you might be able to claim damages like post-traumatic stress disorder, disfigurement, and loss of enjoyment of life. These are all non-economic damages.
On the other hand, a workers’ comp claim technically only covers economic damages. Examples of economic damages include lost wages, medical bills, and (in the event of a workplace fatality) funeral costs.
You May Still Have the Opportunity to Receive Compensation for Mental Injuries
If you’re going to attempt to pursue compensation for mental injuries in Florida, you may experience greater success if you also have an associated physical injury. For example, you might have been shot during a workplace shooting at your fast-food restaurant. If you develop post-traumatic stress disorder as a result of this experience, you could potentially pursue compensation for both the gunshot wound and the PTSD.
Another example might involve being crushed by a forklift. The forklift might have fallen onto your co-worker, completely crushing them and causing fatal injuries. You might have escaped with only a crushed leg – but the memories of your co-worker being crushed could cause serious psychological issues. In this situation, you might also have the opportunity to pursue compensation for both your crushed leg and the psychological trauma of witnessing someone else die in front of your eyes.
You Can Use Your Compensation for Therapy
Generally speaking, workers’ compensation claims do not come in the form of direct cash payments. Instead, you may receive certain “benefits” – like coverage of medical expenses and partial compensation for lost income. As a result, you may need to establish that your psychological injuries are leading to increased losses in these two areas.
For example, you could point to therapy sessions you were forced to attend after the workplace accident. Mental health professionals may be able to help you deal with issues like PTSD, and your workers’ comp claim could cover the cost of these sessions. You might also establish that your psychological injuries are forcing you to miss work.
Can a Workers’ Compensation Lawyer in Tampa Help Me?
If you are dealing with psychological issues after a workplace accident in Tampa, consider speaking with a workers’ comp lawyer. Although it is true that workers’ comp does not cover non-economic damages, it may still be possible to cover certain expenses associated with psychological injuries. That being said, the path toward compensation depends on your unique circumstances. Discuss these circumstances with The Franco Law Firm today – and receive further guidance.
Sources:
mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967#:~:text=Post%2Dtraumatic%20stress%20disorder%20(PTSD)%20is%20a%20mental%20health,uncontrollable%20thoughts%20about%20the%20event.
m.flsenate.gov/Statutes/440.093
