The ins and outs of workers’ compensation in Ohio can be challenging to navigate, especially when it comes to understanding the nuances of coverage for psychological injuries. Injured workers are often left wondering whether their mental illness is covered by workers’ compensation. This question is particularly important as the awareness of mental health issues and their impact on an individual’s ability to work continues to grow.
State workers’ compensation laws vary widely, leaving many employees uncertain about their eligibility for workers’ comp benefits related to psychological injuries. Mark L. Newman, a seasoned Cincinnati workers’ comp attorney, is here to offer clarity and guidance on this topic. Below, we’ll explore the circumstances under which mental health conditions might be recognized and compensated within the framework of workers’ compensation, highlighting the legal landscape and support available for those affected.
To speak with Attorney Mark Newman about the specifics of your case, call (513) 533-2009 or reach out online today.
Workers’ Compensation for Mental Health
The intersection of workers’ compensation and mental health injuries in Ohio can be difficult to understand. While the state’s workers’ compensation system typically covers physical injuries and occupational illnesses sustained in the workplace, the recognition and compensation of mental health injuries can be much more challenging.
As a result, workers may face hurdles in accessing workers’ compensation benefits for mental health conditions, including lost wages and medical treatment, despite the significant impact these issues can have on their ability to work and overall well-being.
So, Does Workers’ Comp Cover Mental Health?
The short answer: it depends.
Workers’ compensation in Ohio can cover mental health issues, but there are specific conditions that must be met for such claims to be successful. Under Ohio law, workers’ compensation may cover psychological conditions if they are directly related to a physical injury sustained at work.
This means if a worker suffers a physical injury and subsequently develops a mental health condition as a direct result of that injury, such as PTSD, depression, or anxiety, the mental health treatment could be covered under workers’ compensation.
Ohio Revised Code 4123.01
Ohio Revised Code 4123.01 defines an injury to include “any injury whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment.”
However, 4123.01 (C) specifically states that an “injury” does not include the following:
- Psychiatric conditions unless caused by an injury or occupational disease or if the injured psychiatric condition was caused by sexual conduct in which they were forced to participate by threatening physical harm
- Disability or injury from the natural decline of an organ, tissue, or other parts of the body
- Disability or injury stemming from a work-related fitness activity or sponsored event where the injured employee signed a waiver of rights before participating
- A pre-existing condition unless the work environment is proven that it was responsible for worsening that pre-existing condition
Workers’ Compensation for Depression and Anxiety
While depression and anxiety are extremely prevalent and can impact an individual’s ability to work, the criteria for including mental health conditions in a workers’ compensation claim requires medical evidence relating the mental health condition directly to work-related physical injuries.
Legal assistance is often necessary to navigate the challenges of Ohio’s workers’ compensation laws and effectively advocate for the compensation and support needed for workers experiencing these mental health challenges.
Workers’ Compensation for Post-Traumatic Stress Disorder (PTSD)
Workers’ compensation for post-traumatic stress disorder (PTSD) resulting from a psychologically traumatic event can be a complex process. While the state recognizes the potential for workplace incidents to lead to PTSD, compensation typically requires clear evidence linking the disorder to a specific work-related injury.
However, in 2021, House Bill 308 was approved by Governor Mike DeWine, which created a fund administered by the Ohio BWC to pay workers’ compensation benefits to first responders who develop PTSD without a corresponding physical injury.
PTSD and Workers’ Comp for First Responders
Police officers, firefighters, paramedics, and other emergency responders are the first on the scene of many horrific accidents. Whether they sustain a physical injury or not, the mental toll that this job takes on these individuals deserves compensation.
Fortunately, on April 12, 2021, HB 308 took effect, covering the following first responders:
- Police officers
- Emergency medical technicians
- Firefighters
- Correctional officers
- Paramedics
- EMS dispatchers
Prior to this bill, for first responders to be eligible for workers’ compensation for PTSD, it had to be accompanied by a physical injury. HB 308 changed that, allowing first responders to file claims for PTSD even if they did not sustain a physical injury on the job.
Public employers employing first responders provide the funds for House Bill 308. These public employers must pay premiums into the fund where first responders can draw these particular workers’ compensation benefits. Private companies do not have to pay into the PTSD first responders fund.
Determining Eligibility for Mental Health Claims
The Ohio Bureau of Workers’ Compensation (BWC) and courts look at several factors when determining eligibility for mental health-related claims, including:
- The direct correlation between the workplace environment or incident and the mental health condition.
- Medical evidence supporting the claim that the condition is work-related.
- Whether the mental stress experienced was significantly greater than the day-to-day stress that other workers in a similar role/job might experience.
Understanding Your Rights: Mental Health Issues in the Ohio Workers’ Comp System
Navigating mental health issues within the Ohio workers’ compensation system can be daunting, but with an experienced workers’ comp attorney like Mark L. Newman, injured workers can gain invaluable insight and support. Mark’s experience allows him to guide individuals through the complexities of mental health coverage under Ohio’s workers’ comp laws, ensuring they understand their rights and options fully.
By collaborating with experienced mental health professionals, Mark can help injured workers gather the necessary evidence to substantiate claims for their mental or emotional injury resulting from work-related incidents. Mark’s dedication to advocating for his clients’ rights ensures that those struggling with work-related mental illness receive the comprehensive support and compensation they deserve.
Call Cincinnati Workers’ Compensation Attorney Mark L. Newman Today
If you’re dealing with a mental health issue stemming from a workplace injury, it’s normal to have a lot of questions and concerns. Fortunately, with Attorney Mark L. Newman’s extensive experience and dedication to advocating for injured workers, help is readily available.
Mark understands the challenges individuals face when trying to obtain benefits for mental or emotional injuries under the workers’ comp system. By leveraging his knowledge and commitment to client success, Mark ensures that each case is approached with care and precision.
Don’t let the complexities of workers’ compensation claims deter you—reach out to Mark L. Newman today for the support and guidance needed to secure the benefits you deserve for your workplace injury. Call (513) 533-2009 or contact us online to set up a consultation today.
