Are Mental Health Issues Covered by Workers’ Comp in Georgia?
According to the Mental Health Foundation, 1 in 6.8 people suffer from mental health problems while in the workplace.
Given that high number, you may wonder, “Are mental health issues covered by workers’ compensation?”
There isn’t an easy answer.
What we can say upfront is that there is a connection between work and stress.
For example, the U.S. Department of Labor claims, “In a 2021 American Psychological Association survey, nearly 3 in 5 employees (59%) said they have experienced negative impacts of work-related stress in the past month, and a vast majority (87%) of employees think actions from their employer would help their mental health.”
Moreover, the World Health Organization claims, “An estimated 12 billion working days are lost every year to depression and anxiety at a cost of US 1 trillion per year in lost productivity.”
That’s a lot of lost money for companies, so you would assume that employers would want to do something to help those employees struggling with mental health issues.
So, are mental health issues covered by workers’ compensation in Georgia?
Sometimes yes, and sometimes no.
Read on to learn more.
Georgia Workers’ Compensation Does Not Generally Cover Mental Health Issues
While there is a clear correlation between work environments and mental health issues, Georgia workers’ compensation does not provide benefits for mental health issues.
According to the state of Georgia workers’ compensation law, Georgia does not cover what it deems “psychic injury.”
In other words, primary mental health issues are not covered.
If you claim you are suffering from anxiety, depression, or PTSD as a result of work, it will not qualify for workers’ compensation.
Let’s say your workplace is toxic and that you witnessed a violent altercation between two coworkers. Now, you are experiencing PTSD whenever you enter the workplace.
Even though your PTSD is real, treatment for it will not be covered by workers’ compensation in Georgia.
[Related Read: Workers’ Comp in Georgia – 7 Things Not Covered]
Mental Issues Related to Physical Work-Related Injuries May Apply
While workers’ compensation in Georgia does not cover primary mental health issues, it may provide benefits for mental health issues that arose from a physical work-related injury.
The key here is that you must have a physical injury that occurred while you were working and was a result of work.
If you do have a physical work-related injury combined with a mental health condition, you may receive workers’ compensation benefits that include treatment for your mental health condition.
Let’s say you suffered a fall at work that has resulted in significant pain and a lot of time unable to work or do things you love. As a result, you become depressed.
If your attending physician recommends mental health treatment or medication in addition to medical treatment for your injury, workers’ compensation insurance should cover it.
[Related Read: What Georgia Workers’ Comp Benefits Am I Entitled To?]
Workers’ Compensation and Pre-Existing Mental Health Issues
According to the World Health Organization, “15% of working-age adults were estimated to have a mental disorder in 2019.”
There are many Americans working that already have a diagnosed mental health issue.
Unfortunately, mental health issues can get better or get worse depending on several factors, including injuries.
For example, let’s say you suffer from anxiety and experience a car accident while delivering packages for work that gave you a concussion and required stitches.
After this accident, your anxiety worsens.
Workers’ compensation should provide benefits for the medical bills relating to your concussion and stitches.
Workers’ compensation may also cover treatment for your worsened anxiety if (and only if) your doctor recommends it.
Now let’s back up.
Let’s say you suffer from anxiety and have a small fender bender that does not involve physical injuries.
Even though this fender bender may make you more anxious about driving the company van, workers’ compensation will not cover treatment.
The Problem Is, It Is Hard to Prove
Unlike physical injuries, mental health issues are much harder to prove.
An insurance company can actually see a broken bone or a laceration. Mental health issues cannot be seen in the same way.
Therefore, insurance companies tend to fight mental illness claims.
Workers’ compensation insurance companies already don’t want to pay more than the lowest amount possible.
When you add paying for mental health treatment, they are going to do whatever they can to stop it – including saying you don’t really have a mental health issue.
In order to receive workers’ compensation benefits for mental health treatment in addition to your work-related injury, you must prove that the work-related injury is the predominant cause of your depression or anxiety.
It will take your word, your doctor’s recommendation, and an experienced workers’ compensation attorney to prove it.
You Need a Lawyer to Help You
If you suffered a work-related injury, you are already struggling enough.
Add in your mental health deteriorating because of the injury, and you are likely overwhelmed.
You need help, and that’s what we are here for.
We’ll help you deal with the massive amount of paperwork involved in the workers’ compensation claim process.
We’ll help you find the right doctor.
We’ll help you prove to the insurance company that your mental health also needs care and treatment.
We’ll help you get the benefits you truly need and deserve.
Don’t hesitate to ask for help when you need it. Contact us today.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
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