Is depression covered in workers’ compensation cases?

Depression, anxiety and feeling stressed can be caused by one’s job and work environment. Work-related depression is a disorder that is often overlooked in the workplace and may be mistaken for ordinary stress. It may become serious enough to impact your ability to work and you may qualify for workers’ compensation as a result.
A person with symptoms of work-related depression can possess any of the following:

• Depression — You may feel worthless and have uncontrollable crying spells. You may start having suicidal thoughts, and suicide may seem a way out of your situation. You may lose interest in personal hygiene and physical appearance.
• The inability to focus on tasks — You may be unable to concentrate on your job because that is what’s causing your problems and your mood disorder. Unless you can find a solution, your mind will remain in this slump, impacting your performance, which could make the situation worse.
• Time missed from work — If you can’t sleep and want to avoid issues at work, you may call in sick more often.
• Feeling overwhelmed — You may feel as if the weight of the world is upon your shoulders. Not only has your job performance dropped, but you may have also lost control of your finances and personal life.

Workers’ compensation for depression

New Jersey workers’ compensation law was originally created to compensate workers for physical injuries. Over time, psychiatric disabilities were recognized as potential work-related injuries or occupational illnesses as well.

To have a successful claim for depression, the injured worker needs to show:

• The work exposure or incident at issue was objectively stressful,
• The incident and/or exposure was peculiar to the workplace (i.e., not common to everyone or caused outside work), and
• There must be medical evidence showing the work exposure or incident was a material cause of the psychiatric disability.

It may be difficulty to show your mental condition is the clear result of your work environment and not your private life. What might clearly show a connection to work would be if an employee was involved in or a witness to a very traumatic or stressful event or series of events.

Easier cases to prove involve both physical injuries and a psychological condition. This might happen if an employee contracts a severe occupational illness or a serious injury that causes a permanent partial or total disability.

If you or a loved one is dealing with a serious case of work-related depression, get professional help and contact our office to discuss whether workers’ compensation may be an option for you.

How can an attorney help me with workers’ compensation?

Workers’ compensation laws protect workers who are hurt on the job. An injury occurring on the job “out of and in the course of employment” is covered by workers’ compensation laws. Many work-related injuries are minor and most employees recover quickly and are able to return to work. When things go smoothly, there is not much need to hire an attorney.

However, when a workers’ compensation claim is rejected, we can help. We can also help if your claim is accepted but the amount offered doesn’t cover your medical needs, or if appropriate medical care is denied. We can also help if your employer retaliates against you because of your compensation claim.

We do the work so you won’t have to.

• We have the knowledge and experience to guide you through the workers’ compensation process.
• We can help you get the medical treatment you need and the maximum financial recovery permitted by law.
• We will file the necessary Claim Petition and guide you through the system, protecting your rights every step of the way.

Under the state’s workers’ compensation law, workers with work-related injuries or occupational diseases are entitled to a variety of benefits from their employers, including:

• Medical treatment
• Temporary disability benefits payments while you receive treatment and are unable to work
• A monetary award for permanent injuries
• Dependents, typically spouses and minor children of workers who die from work-related injuries or diseases, are also entitled to benefits

Your employer has insurance to cover work-related injuries and occupational diseases.

• That insurance company has an entire staff and has retained lawyers to make sure workers get as few benefits as possible.
• Employers or their insurance companies may refuse to provide injured workers with the medical treatment and temporary disability benefits mandated by law.
• If compensation to injured workers for their permanent injuries and disability are not voluntarily paid, the only way to protect the rights of an injured worker is to file a workers’ compensation case.

We not only file the case, but zealously protect your rights to get you the best treatment and most compensation possible.
Retaliation

New Jersey law prohibits employers from retaliating or threatening to retaliate against employees who file a workers’ compensation case. If that law is broken, we can help you protect your rights.
Retaliation in response to a workers’ compensation claim can take many forms, including:

• Termination
• Demotion
• Reduction in pay or in work hours
• Loss of benefits
• Denial of any other employment opportunity

If you have any questions about workers’ compensation or concerns about a work-related injury, contact our office for a free consultation.

What Are My Options If My Workers’ Compensation Claim Is Denied?

Mount Laurel Workers’ Comp Claim Denial Attorneys

A workers’ compensation claim is usually denied when the doctor who works for an employer’s insurer decides a worker’s injuries aren’t serious enough or are due to a preexisting condition. Unfortunately, once a workers’ compensation claim is denied, employers typically expect an employee to return to work sooner than he or she is physically ready. As a result, injured employees in this situation are forced to use vacation days or apply for leave under the Family Medical Leave Act (FMLA). Depending on your situation, you may be able to apply for disability benefits, but your employer and doctor will need to fill out part of the application certifying that you are disabled. You’ll also need to fill out the Certification of Contested Workers’ Compensation Claim Form.

A workers’ compensation claim can be denied for different reasons — the claim is filed too late, your employer disputes the claim or your employer’s insurance company doctor rejects your claim for medical reasons.

Filing an Appeal after a Workers’ Compensation Claim Has Been Denied

After a workers’ compensation claim has been denied, you can request a hearing with a Judge of Compensation or with the Division of Workers’ Compensation. In cases in which you have medical bills that need to be paid, you can file a Motion for Medical Temporary Benefits. A hearing with a Judge of Compensation will then be scheduled within 30 days of your motion’s being filed. However, in order to receive temporary benefits, you must be out of work for at least seven days and have a letter from a doctor.

If an insurance company denies your claim or you were provided with reduced benefits, you have only 30 days after that decision to file an appeal. For these reasons, it is essential that you talk to an experienced workers’ compensation attorney as soon as possible. While each case is different, once you appeal a claim denial you may be expected to appear before a board hearing or seek a legal resolution through the court system.

Getting a Second Opinion

If your workers’ compensation claim has been denied, you have a right to get a second opinion from your own doctor. While your company’s insurer is not obligated to accept your doctor’s diagnosis, it makes it more difficult for an employer’s insurer to downplay or ignore the extent and nature of your injuries. Here, you will need to work with an experienced workers’ compensation attorney who can inform your employer’s insurer that you intend to file a lawsuit regarding the denial of your original workers’ compensation claim.

Contact Taylor & Boguski If Your Workers’ Compensation Claim Has Been Denied

Appealing or litigating a denied workers’ compensation claim involves processes, deadlines and careful attention to documents and medical records. At Taylor & Boguski, our workers’ compensation attorneys have the resources and knowledge needed to protect your rights and financial interests when an injury leaves you facing mounting medical bills and an uncertain future. We protect your rights and are prepared to take employers to court when they try to ignore the law or terminate injured employees without cause.

To learn how we can help you, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski today.

Learn more about Worker’s Compensation

The New Jersey Department of Labor is comprehensive database which addresses all questions related to worker’s compensation issues such as benefits, timelines, employer reporting requirements, total disability, temporary disability and insurance coverage requirements. Helpful information exists such as knowing that workers’ compensation benefits are not taxable under the NJ Gross Income Tax law N.J.S.A. 54A:6-6. See more on the IRS website here. Additionally, to receive worker’s compensation benefits, by law, an employee you must be unable to work for seven days (including weekends and holidays) before being eligible for temporary disability benefits. Benefits are retroactive to the first day, and the seven days do not have to be consecutive. Other information such as pointers on the litigation process is discussed. For example, after the judge’s order warding you of benefits, the Workers’ Compensation Insurance carrier has 60 days to process payment. If you have not received payment, you may be entitled to receive simple interest on any delay in payments. Under statute N.J.S.A. 34:15-15 an employer has the choice to select which health service professionals to provide care to an injured employee. Failure of an employer to provide the required worker’s compensation insurance may subject the employer to a penalty up to $1,000 for the first twenty days and up to $1,000 for each ten-day period after that.

To learn more about New Jersey workers’ compensation laws and your rights, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski. Employers don’t always tell their employees about their rights. Additionally, they don’t always treat them fairly in terms of job protection. If you’ve been injured on the job, it’s important to talk to an experienced workers’ compensation attorney at Taylor & Boguski in Mount Laurel, New Jersey. Call 800-404-5299 or 856-234-2233 for a free consultation or contact us online.