The Rise of Mental Health Claims Related to Workplace Trauma
When workers' compensation was originally started, it was aimed at protecting those who suffered physical injuries at the workplace. Over time, though, more employees began working in office settings, where physical injuries weren't as common. This has led to a massive increase in workers' compensation claims regarding PTSD, anxiety and depression.
In fact, California has seen mental health claims rise by 25% between 2022 and 2026. In total, 31 states now permit workers to file mental health claims, and there's reason to believe this will further expand.
Workplace Risks for Mental Health
As with anything else, the rise of workplace trauma claims related to mental health have attracted some controversy. However, states like Connecticut and Florida passed laws to assist first-responders who suffer PTSD from school shootings. What hasn't been figured out yet is what to do with teachers trying to file the same claim.
Mark Walls, founder of Work Comp Analysis Group and chief marketing officer at Safety National, believes the U.S. won't see an immediate impactful change. Instead, he expects it to be gradual as insurers and companies grapple with what claims they should pay.
Some of the key psychosocial hazards in the workplace include:
- Role ambiguity
- Toxic culture
- Excessive demands
- Work-life conflict
- Low job control
- Poor career development
Which, if any, of the above listed hazards deserves workers' compensation? This is a complex issue that hasn't been decided yet. Clearly, someone who suffers PTSD during a workplace shooting should be covered.
What about those with a toxic work culture that tolerates harassment, discrimination, violence and/or bullying, though? All these things have been linked to workplace trauma, but even the very best work injury lawyer may not currently win a case, at least in some states. Yet the workers have to deal with reduced productivity, fatigue, exhaustion and even the deterioration of their physical health.
Where the Laws Stand Today
Presumption laws in 31 states have expanded the definition of a work-related injury. Previously, mental health was only considered if it was accompanied by a physical injury.
Now, though, healthcare workers and first responders have some recourse for work-related PTSD. Other workers may or may not have their PTSD claims seriously considered yet, but there is a heightened awareness of psychological injuries. Additionally, workers are increasingly encouraged to report their work-related mental health issues.
Massive Increase in Claims
The U.S. Equal Employment Opportunity Commission (EEOC) has seen a large increase in PTSD and anxiety claims linked to employment discrimination. Again, this is related to recent, post-pandemic destigmatization of mental health problems.
One major change is the recent categorization of "mental-only" claims. These involve emotional stressors that cause negative workplace psychological conditions. Things such as toxic environments, workplace harassment or seeing traumatic events.
How Can Workers' Compensation Better Support PTSD Claims?
A recently published article found that a "thoughtful, collaborative approach is key to achieving better outcomes." It also sought to better explain the three different types of PTSD:
1. Clearly Identifiable PTSD
This is when a single, clear, identifiable event causes PTSD. Things like being a cashier involved in a robbery or being attacked by a healthcare patient can be easily traced, and it's relatively simple for insurers to make a decision.
2. Complex PTSD
Complex PTSD takes repeated exposure to trauma to develop. Because it's not a single event, complex PTSD becomes more difficult to prove. This is where presumption laws can help first responders and others working with chronic, micro level events that lead to complex PTSD.
3. Secondary Exposure PTSD
Even harder to prove are secondary exposures that cause PTSD. It can involve things such as police dispatchers who don't see the traumatic event, but may hear it or hear about it, instead. This can also mean a schoolteacher who hears about their school having a shooting but wasn't actively involved.
In our quickly evolving legislative landscape, it's important for insurers and workplaces to offer support to affected employees. There may not be trained specialists in PTSD available in your area. Although certain states are starting to address access issues, it may be necessary to allow workers to designate their own psychologist without a referral.
Symptoms of PTSD
Those who aren't treated for their PTSD can start losing sleep, having higher blood pressure and/or developing depression. To be considered PTSD, these symptoms need to severely disrupt daily life and last for more than a month. Other symptoms include:
- Re-experiencing/intrusive memories
- Negative changes in cognition/mood
- Hypervigilance
- Anger
- Irritability
- Trouble concentrating
PTSD also causes more suicides. In fact, the suicide risk for PTSD sufferers is up to 10 times higher. Suicides happen due to:
- Isolation
- Avoidance
- Intrusive symptoms
- Comorbidities
- Impulse control
Tragically, up to 27% of those with PTSD will report at least one suicide attempt. Those who are at an especially high risk include active military, veterans and first responders.
The Future of Workers' Compensation
As the world becomes more open to mental health issues, it's also expected to make workplace trauma claims increase. Right now, more than 30 states have various presumption laws. What if you work in a state without one, though? It may be more of an uphill battle to prove you have PTSD. Furthermore, if workers' compensation denies your claim, it may be necessary to hire an experienced work injury lawyer. If you were injured in a forklift accident on a construction site, you should contact an attorney to find out about your forklift accident claim options. Filing a legal claim may award you with compensation that can be used for medical costs, loss of wage costs, and more.
Over time, workers who have openly PTSD are becoming more common. This societal shift means that qualities like emotional intelligence will become even more important. Although not completely gone yet, the days of having a boss who reams you in front of your coworkers are on their way out, too. Now, an increasingly large number of employers prize social awareness, self-awareness and self-management skills.
