Most employers in the State of New Jersey are required to carry workers’ compensation insurance, except in some limited circumstances. This type of insurance is intended to help workers suffering from work-related injuries or illnesses with compensation for medical bills and lost time at work. While you may think of workers’ comp as something that covers physical injuries and illnesses, it can also cover mental health conditions like stress, depression, post-traumatic stress disorder (PTSD), and other conditions caused by working conditions.
Unfortunately, many people, especially those in blue-collar professions, are reluctant to seek help for mental health conditions because of the stigma that surrounds them. Will your co-workers think you are crazy, or that you aren’t tough enough to meet the demands of your job? Will they think you are faking it to get a paid vacation? Will your employer think you are unreliable or unstable? Questions like these are unfortunately part of the landscape of mental health treatment. In reality, none of them are valid. Mental health conditions are a very real health concern that can affect a person’s ability to work just like a back injury or illness.
If you are living with a work-related mental health condition, the team at Malamut Law encourages you to stand up for your rights and seek compensation to help you with your treatment. You wouldn’t continue working with a broken leg, and a mental health condition should be just as concerning to you. Just because you can’t see the scars that come from mental health conditions doesn’t mean they don’t exist, and seeking treatment is the only way you can heal and move on with your life. Workers’ compensation can help you on your journey to recovery.
Workers’ Compensation Coverage for Mental Health Conditions in New Jersey
Until fairly recently, mental health conditions were not required to be covered by workers’ compensation insurance in New Jersey. That all changed in 1991 when the case Goyden v. State Judiciary was decided. In that case, William Goyden, a supervisor of records for the office of the Clerk of the Supreme Court, was determined to be totally and permanently disabled due to severe depression. He and his attorneys asserted that a backlog in filing court documents, changes in filing procedures, and vindictive managerial procedures caused his depression. After some debate, the court agreed, allowing Goyden’s workers’ compensation claim to move forward. The precedent set in this case forms the basis of modern workers’ comp claims involving mental health conditions.
Of course, not all situations will result in a successful claim, and it can be difficult to prove that a mental health condition was caused by working conditions. Some situations that could result in a successful workers’ comp claim include:
- Stress and anxiety caused by heavy workloads, downsizing, changes in job duties, and more
- Mental health conditions caused by physical, sexual, or mental abuse in the workplace
- PTSD caused by violence in the workplace, whether employee-on-employee or customer-on-employee
- Depression caused by the death of a co-worker
These are just a few examples of situations that could lead to a successful claim. If you believe you are suffering from a mental illness caused by your working conditions, the best thing to do is speak with a lawyer as soon as possible to discuss your case.
Making a Successful Workers’ Comp Claim for a Mental Health Condition
In order to have a successful claim, you will need to prove that you have a mental illness and that it was caused by your working conditions. That means seeking treatment and filing a claim within the statute of limitations, which is generally two years. Seeking treatment from a mental health professional will allow you to get a diagnosis that will serve as evidence of your mental health condition. Your mental health treatment may also establish the causes of your condition, and whether or not they can be attributed to your workplace.
Ideally, you should be speaking to a lawyer at the same time you are pursuing mental health treatment, to ensure your claim is filed within the statute of limitations. Your lawyer can also advise you on the best ways to strengthen your case and gather evidence that will help you in the future. Even if your claim is initially rejected, with the help of a workers’ comp attorney, you can appeal and potentially make a successful claim.
At Malamut Law, we have extensive experience with all types of workers’ compensation claims, and our team is highly qualified to represent you in your initial claim or appeal. You deserve compensation for your work-related mental health condition, and our attorneys can help you. Call us through our online contact form any time you need a workers’ comp attorney in NJ.