A Denver workers comp lawyer is accustomed to helping clients resolve claim denials or benefits being stopped too early. Nearly all the claims pay benefits because of a physical injury the employee experienced at work, whether it was an acute injury due to an accident or physical problems that developed over time. Sometimes workers comp covers psychological aspects, including severe work-related stress, although this is more difficult to prove to the insurer.
Unusual Stress for the Occupation
The factors causing the psychological issues, including post-traumatic stress, cannot be ones that are considered normal risk factors in the occupation. For instance, it is very difficult for professional firefighters to receive workers comp for the emotional trauma of having been unable to rescue someone from a burning building. A teacher, however, may be awarded workers comp if he or she experienced a similar situation after the school caught on fire.
Psychological trauma can be almost impossible to measure diagnostically without a certain amount of subjectivity involved. The claimant will need verification from a mental health professional that the emotional difficulty is causing significant problems in life and making it impossible to work full-time for the moment. There also must be verification that the work-related incident caused the trauma.
In the example of a teacher trying to rescue students from a fire, the related emotional trauma is relatively obvious. However, many situations are not this extreme. The insurance company providing workers comp benefits is likely to investigate the claimant’s personal life to learn whether other stressful circumstances have been occurring. Nevertheless, case law history shows that some individuals have been successful in being awarded workers comp benefits in Colorado for severe stress on the job.
Usually, part of workers comp is intended to pay for treatment that readies the person for full-time work again. The individual will be expected to participate in counseling or other helpful measures.
Having professional legal representation can be important for convincing workers compensation benefits providers to pay for these types of claims. An attorney such as Mark A. Simon represents clients who need assistance either in initial claim filing or appealing a denial.