Establishing Emotional Distress As A Viable Workplace InjuryBy Kenton Koszdin on July 3, 2018 | In Construction Accidents
When an accident happens and some resulting injury occurs, the possibility always exists that some emotional, psychological, or mental harm will accompany the physical injuries. The typical gut reaction of most people when there hear that someone is suffering from emotional distress and seeking compensation in a court of law is that the individual is embellishing any actual harm. Insurance companies tend to believe that these types of injuries are frivolous. Thus, to receive compensation for emotional distress related to a workplace injury, an injured worker must present a cogent, convincing case.
The easiest way to establish that a workplace injury resulted in emotional distress is to consider the physical effects caused by the emotional injury. These effects may not only include pain but perhaps headaches and stomach ailments that are caused by the emotional distress.
The intensity and length of the distress, as well as whether it is ongoing or intermittent also affects the strength of a case based on emotional injuries. Consistent pain, such as post-traumatic stress, that endures for months rather than merely a few days can help establish the presence and severity of the condition.
Of course, any case for workers’ compensation (or disability) benefits relies on the existence, strength, and credibility of medical evidence. The medical records, doctor’s notes, lab test results, underlying a case are necessary and crucial to benefit approval. Many healthcare providers recognize emotional injuries as viable manifestations of harm from traumatic events such as a workplace injury. It should not be difficult to find physicians that are willing to support those with mental injuries and legitimize such harm to ever-doubting insurance companies and defense attorneys.
The process of applying for and receiving workers’ compensation benefits is hardly simple or expedient. The time between application and award is long and arduous, requiring the strict observance of formalities, details, time limits, and other deadlines. Such a process requires the patience and guidance of an attorney like Kenton Koszdin who has helped injured California workers forge through this complex, daunting process for almost two decades.
The Kenton Koszdin Law Office helps injured workers stay on their feet physically and financially. If you have a workers’ compensation claim, please do not hesitate to talk to an experienced workers’ compensation attorney. We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!