Stress and mental illness
Experienced workers' compensation attorneys
Most workplace injuries involve some kind of physical harm. But injury in the workplace can also take the form of stress or mental illness. And when that happens, the injured worker is entitled to workers' compensation benefits. The stress and mental illness attorneys at Lourie Law Firm understand how to handle these complex cases and know what it takes to file a successful claim.
Injury related to stress or mental illness is not as obvious as a physical injury. But the effects are very real and can be very debilitating. These types of injuries can also prevent a worker from doing his or her job.
Under South Carolina law, workers' compensation claims for injuries from stress or mental illness that is not related to a physical injury must meet specific requirements:
The conditions that caused the injury must be "extraordinary and unusual." It generally does not apply to routine events at the workplace, unless there was something extraordinary or unusual about them. These routine events include disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, and terminations.
It has to be established that the injury was a direct result of these "extraordinary and unusual" conditions.
Some workers are at a higher risk of injury related to stress or mental illness. They include positions such as firefighters, police officers and EMTs. But these types of injuries can occur at any workplace and leave people unable to do their jobs.
Workers' compensation claims related to stress or mental illness can be difficult to prove. That's why it's important to have an experienced attorney on your side.
Fighting on behalf of injured workers
The workers' compensation system is set up to provide benefits for people who were injured on the job. This includes coverage for medical expenses, as well as lost wages. But there is a process to be followed and evidence must be presented to support the claim. The lawyers at Lourie Law Firm can help you every step of the way.We'll make sure you file all the correct paperwork and meet all deadlines. We will thoroughly investigate your claim, reviewing all relevant documents and talking to any witnesses. Generally, an injured worker is required to see a doctor chosen by the employer (or the employer's insurance carrier). We can help you prepare for your examination and help you get a second opinion, if needed.
Since claims involving injury related to stress or mental illness can be complicated and difficult to prove, we may consult an expert to provide testimony that supports your case. And if your claim is denied, we will fight for you during all appeals and hearings.
Employers and their insurance carriers may contest the claim and even question whether there was any injury. Or, they may suggest that the injury was caused by stress or mental illness related to your life outside of work. But we will be prepared to counter every one of their challenges.
If you've suffered an injury related to stress or mental illness on the job, contact us for a free consultation.