PTSD Workers’ Compensation Lawyer NC

PTSD From a Workplace Injury in North Carolina

Post traumatic stress disorder, commonly known as PTSD, can affect workers who experience or witness traumatic events on the job. While some workplace injuries are immediately visible, PTSD can create serious symptoms that affect a person’s ability to work, maintain relationships, sleep, and manage everyday responsibilities.

At Parker & Frey, our workers’ compensation lawyers help injured and disabled workers in Dunn, Fayetteville, Harnett County, Cumberland County, Johnston County, Sampson County, and throughout North Carolina understand their rights after a workplace injury.

If PTSD is connected to your employment, understanding how North Carolina workers’ compensation law applies is an important first step.

Can You Get Workers’ Compensation for PTSD in North Carolina?

PTSD claims can be more complicated than workers’ compensation claims involving a clearly identifiable physical injury. Whether PTSD may be covered depends heavily on the circumstances that caused the condition and the medical and legal evidence supporting the claim.

For example, PTSD may develop after a worker experiences a traumatic workplace accident or suffers a serious physical injury. It may also occur after witnessing a traumatic event at work.

Because mental health related workers’ compensation claims can involve complicated questions about causation and compensability, workers should not assume that PTSD is automatically covered or automatically excluded.

An experienced workers’ compensation attorney can evaluate how the condition developed and whether benefits may be available under North Carolina law.

What Workplace Events Can Cause PTSD?

Many different workplace experiences can lead to psychological trauma. PTSD may occur after events involving:

• Serious workplace accidents

• Explosions or fires

• Workplace violence

• Severe vehicle or trucking accidents

• Falls from heights

• Crush injuries

• Amputations

• Serious burns

• Traumatic head injuries

• Death or serious injury of a coworker

• Assaults or other violent incidents

First responders, health care workers, law enforcement personnel, manufacturing employees, construction workers, transportation workers, and employees in other high risk occupations may encounter traumatic events as part of their work.

However, PTSD is not limited to any particular profession. A traumatic event can happen in almost any workplace.

What Are Common Symptoms of Work Related PTSD?

PTSD can affect people differently. Symptoms may begin soon after a workplace incident or become more noticeable over time.

Common symptoms can include:

• Flashbacks or intrusive memories

• Nightmares

• Difficulty sleeping

• Anxiety or panic

• Avoiding people, places, or activities connected to the traumatic event

• Difficulty concentrating

• Irritability or anger

• Feeling constantly alert or unsafe

• Depression

• Emotional detachment

• Difficulty returning to the workplace

These symptoms can interfere with both employment and everyday life. A worker who previously performed a job without difficulty may suddenly struggle to return to the same environment where the traumatic event occurred.

What Should You Do If You Develop PTSD After a Workplace Accident?

If you experience psychological symptoms following a workplace accident, getting appropriate medical care is important.

You should also document what happened and report the workplace incident according to North Carolina workers’ compensation requirements. 

North Carolina generally requires injured employees to provide written notice of a workplace injury to their employer within 30 days, although exceptions may apply.

Medical documentation can become particularly important in PTSD cases. Records from physicians, psychologists, psychiatrists, counselors, and other qualified providers may help establish the diagnosis, symptoms, treatment needs, and relationship between the condition and the workplace event.

What Workers’ Compensation Benefits May Be Available for PTSD?

When a workers’ compensation claim is compensable, available benefits may depend on the worker’s individual circumstances.

Benefits can potentially include medical treatment related to the compensable condition and wage replacement benefits when an employee is unable to work or is earning less because of a compensable injury.

Treatment for PTSD may include counseling, psychotherapy, psychiatric treatment, medication, or other medically necessary care.

Some workers may eventually return to their previous position. Others may require restrictions, modified duties, additional treatment, or time away from work.

Can PTSD Occur Alongside a Physical Workplace Injury?

Yes. Psychological injuries and physical injuries are not always separate.

For example, someone who suffers a serious head injury, burn, amputation, crush injury, or back injury in a workplace accident may also experience PTSD, anxiety, depression, or other psychological effects afterward.

This is one reason it is important to look at the entire impact of a workplace accident rather than focusing only on the most obvious physical injury.

 

At Parker & Frey, our areas of practice often overlap. We look at the broader circumstances affecting an injured or disabled worker so that potential sources of medical care and financial benefits can be considered.

What If PTSD Prevents You From Returning to Work?

Some people with severe PTSD may be unable to return to their previous jobs. Others may be able to work only with restrictions or in a different environment.

Depending on the circumstances, an injured worker may need to consider workers’ compensation benefits as well as other potential disability benefits.

Parker & Frey handles both workers’ compensation and Social Security Disability matters. This allows our lawyers to help clients understand how different potential sources of benefits may relate to their circumstances.

What Evidence Can Help Support a PTSD Workers’ Compensation Claim?

PTSD cases can depend heavily on documentation. Helpful evidence may include:

• Medical records

• Mental health treatment records

• A PTSD diagnosis

• Documentation of the workplace incident

• Accident reports

• Witness statements

• Employment records

• Work restrictions

• Records showing missed work

• Medical opinions addressing the relationship between the traumatic event and PTSD

The evidence needed will depend on the individual claim.

Why Are PTSD Workers’ Compensation Claims Complicated?

Mental health conditions do not always have the visible evidence associated with injuries such as broken bones, burns, or amputations.

An insurance carrier may dispute whether PTSD is connected to employment, whether treatment is necessary, or whether the condition prevents the employee from working.

North Carolina workers’ compensation law also contains specific requirements concerning compensable injuries and occupational diseases.

 

Determining how those requirements apply to PTSD requires an analysis of the particular facts.

Workers facing these issues may benefit from speaking with a workers’ compensation lawyer who understands both workplace injury claims and disability related matters.

PTSD Workers’ Compensation Lawyers Serving Dunn and Fayetteville, NC

Parker & Frey PLLC was established in 1986 to provide compassionate client service combined with aggressive legal representation for injured and disabled individuals throughout North Carolina.

From our office in Dunn, we help workers in Harnett County and surrounding communities, including Fayetteville and Cumberland County, as well as Johnston County and Sampson County.

Our attorneys take the time to understand how an injury has affected your health, employment, finances, and future.

If PTSD or another condition developed following a workplace accident, contact Parker & Frey to discuss your situation and learn more about your legal options.

Attorneys With The Experience To Level The Playing Field.

Frequently Asked Questions About PTSD and Workers’ Compensation in North Carolina

Is PTSD covered by workers’ compensation in North Carolina?

PTSD may be compensable in certain circumstances, but coverage depends on how the condition developed and how North Carolina workers’ compensation law applies to the specific facts. Mental health claims can be legally complex, so each case should be evaluated individually.

Do I need a PTSD diagnosis to file a workers’ compensation claim?

Medical evidence is important when establishing a psychological condition and connecting it to a workplace injury or event. A qualified medical or mental health professional can evaluate symptoms and determine an appropriate diagnosis and treatment plan.

Can I receive workers’ compensation if PTSD keeps me from working?

If PTSD is part of a compensable workers’ compensation claim and affects your ability to earn wages, certain disability benefits may potentially be available. Eligibility depends on the circumstances of the claim.

Can I have both a physical injury and PTSD workers’ compensation claim?

Potentially. A traumatic workplace accident can cause both physical and psychological injuries. The relationship between those conditions and the workplace accident should be properly documented and evaluated.

What happens if the insurance company denies my PTSD claim?

A denial does not necessarily mean that you have no options. Workers may have the ability to challenge disputed workers’ compensation claims. A workers’ compensation attorney can review the denial, medical evidence, and circumstances surrounding the workplace event.

Can PTSD qualify for Social Security Disability?

Severe PTSD can potentially qualify for Social Security Disability when the condition meets the applicable federal requirements. Workers who have long term limitations may need to consider whether workers’ compensation, Social Security Disability, or other benefits could apply.