Workers' Comp and Mental Health Claims: PTSD, Anxiety, Depression; State Coverage Disparity; Legislative Trends

Although workers' compensation is most often thought of when it comes to physical injuries sustained in the workplace, mental health claims--such as those related to PTSD, anxiety, and depression--are becoming more common. However, there is a disparity among state workers' comp statutes as to whether and to what extent mental health injuries are covered.

A number of states cover mental stress claims unrelated to physical injury while others cover mental illness from cumulative, repeat trauma in work to some degree. However, for those that cover mental illness, many only apply to first responders and/or certain types of first responders. Additionally, other states do not cover mental health injuries on their own for most workers.

Further disparity occurs when it comes to who is covered when suffering from the same traumatic event. For example, while a state statute could allow for coverage of resulting mental health conditions for first responders to a school shooting, it may not cover these conditions for other workers who may have been involved in the same incident, such as teachers.

As a result, state legislation is evolving to address mental health conditions covered by workers' comp. Therefore, counsel, whether representing workers or employers/insurers, should understand the latest regulatory developments related to workers' comp and mental health issues.

Listen as our panel discusses workers' compensation and mental health issues and examines types of workers' comp mental health claims. The panel will also address the current regulatory landscape and legislative trends, and will offer best practices for handling workers' comp mental health injury claims.