Workers’ compensation may be available to you in New York if you are exposed to a harmful substance or environment. We often associate this with exposure to something in the physical environment.
But what about witnessing a traumatic event at work, such as an act of violence? What if your work environment is so toxic it causes your mental health to suffer? Does that count as exposure to a harmful environment, making you eligible for workers’ compensation benefits?
Witnessing a stressful event or exposure to a toxic work environment can cause you significant mental and psychological trauma, causing you to be afraid to go back to work. The lingering effects of this type of experience can sometimes lead to a diagnosis of post-traumatic stress disorder (“PTSD”).
Recent law expands protection for New York workers
The good news is that a recent law allows New York workers who experience extraordinary mental stress from their workplace to potentially qualify for compensation benefits. A new law expands workers’ compensation benefits to include mental injuries.
Examples of mental injuries the new law covers include PTSD, major depressive disorder and acute stress disorder caused by workplace stress.
Previously, workers’ compensation benefits from these causes were only available to first responders, such as police officers, EMT’s and firefighters. Now these benefits are available to all New York workers.
If you have been diagnosed with PTSD or another type of mental health condition, you might be able to recover workers’ compensation benefits. The key question is whether the mental health condition resulted from a specific work-related event or situation.
Steps to take to protect your interests
Have a mental health evaluation by a licensed professional. You will need an official mental health diagnosis by a professional to submit with your workers’ compensation claim.
Document workplace incidents that contributed to your condition. Write down the dates and times of any stressful or traumatic events that contributed to your mental condition.
Report the injury to your employer. You may be hesitant to share your diagnosis with your employer but New York workers’ compensation law requires you to report an injury to your employer within 30 days of the injury.
Your injury in this case is your mental health diagnosis. Report your diagnosis to your employer within 30 days of receiving it. You can then file a workers’ compensation claim.
Be ready for these employer defenses
Although this new law expands your protection as a worker, be prepared for your employer to argue that your stress or diagnosis was not related to a work-related event. Additionally, if you were diagnosed with the same or a similar mental health condition prior to working at your current job, you may have a difficult time proving the condition is work-related.
Not all workplace injuries are physical. The law now recognizes the serious impact that workplace stress can have on workers. If you are struggling with PTSD or another mental health condition that you believe is linked to your employment, it may be helpful to talk with someone about potentially qualifying for workers’ compensation.
The benefits will allow you to take time off to focus on your healing and recovery. Your mental health is important and allows you to be the best worker you can be.