Work-related injuries can be both physical and mental in nature. Job-related mental or psychological injuries often include anxiety, depression, and other stress-related disorders including post-traumatic stress injuries.
Psychologists and psychiatrists can provide the necessary documentation to support a job-related mental stress claim. Mental injury work-related claims may include symptoms such as:
Other lasting physical effects of the injury
Other psychological or emotional effects that interfere with an individual’s ability to work
Many employers will attempt to downplay any connection between a physical trauma and an alleged mental injury in an effort to invoke the higher burden of proof applicable to claims related to mental injury only. When an employee claims a mental injury only (without an accompanying physical injury or trauma), the claimant must meet the higher standard of proving the existence of “abnormal working conditions” and that the resulting mental impairment is “not a subjective reaction to normal working conditions.”
Pennsylvania courts look at considerations such as whether or not the working condition was foreseeable or could have been anticipated; the magnitude of the physical injury; whether the claimant had an intimate involvement in the accident and the nature of the work-related event. For example, if the stressful working condition was foreseeable (such as the type of working conditions found in certain law enforcement positions such as police officer or prison guard), it is highly unlikely that a Pennsylvania court will find that an “abnormal working condition” existed.
A court’s determination of whether there are “abnormal working conditions” is a highly fact sensitive inquiry based on the context of the specific type of employment. To ensure that you receive compensation for all of your job-related mental injury claims, you need a Philadelphia Workers’ Compensation lawyer with experience in handling mental stress claims in the Pennsylvania Workers’ Compensation system. At E.S. Borjeson & Associates, our attorneys are experienced trial attorneys who will clearly and accurately present the facts of your specific case so that you will receive the maximum compensation to which you are entitled.
The experienced Philadelphia Workers’ Compensation attorneys at E.S. Borjeson & Associates assist individuals living with work-related mental injuries receive compensation for their claims in a confidential and professional matter, sensitive to the unique issues that accompany mental injuries. Our Workers’ Compensation attorneys are here to help you obtain the maximum amount of compensation for your workplace injuries by guiding you through all stages of the Workers’ Compensation process including hearings and appeals.
With offices conveniently located in Philadelphia, Pennsylvania, the Philadelphia work injury attorneys at E.S. Borjeson & Associates represent clients of workplace accidents throughout Southeastern Pennsylvania, including Philadelphia County, Delaware County, Chester County, Montgomery County and Bucks County. To schedule your confidential consultation today, call us or submit an online inquiry form.