Is Post Traumatic Stress Disorder Covered by Workers’ Comp?

Is Post Traumatic Stress Disorder Covered by Workers’ Comp?


Understanding PTSD and Workers’ Compensation

Post Traumatic Stress Disorder (PTSD) is a mental health condition triggered by a terrifying event. Symptoms may include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event. For many people, these symptoms can be debilitating, affecting both personal and professional lives. But what happens when PTSD is caused by a workplace incident? Can it be covered under workers' compensation in Orlando, FL?


What is Workers’ Compensation?

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. In Florida, this includes injuries and illnesses that are both physical and psychological. However, proving a psychological injury like PTSD can be more complex than proving a physical one.


PTSD as a Work-Related Injury

When is PTSD Considered Work-Related?

For PTSD to be considered work-related, it must be clearly linked to a specific work-related event. Common scenarios that might cause work-related PTSD include:

  • First Responders: Police officers, firefighters, and EMS personnel often encounter traumatic events as part of their job.
  • Victims of Workplace Violence: Employees who are assaulted or witness a violent incident at work.
  • Accidents and Injuries: Workers involved in serious accidents may develop PTSD as a result.

Challenges in Proving PTSD

Unlike physical injuries, PTSD is not visible and can be difficult to diagnose. To qualify for workers' compensation, the following steps are generally needed:

  1. Medical Diagnosis: A qualified mental health professional must diagnose PTSD.
  2. Causal Link: There must be clear evidence linking the PTSD to a specific work-related event.
  3. Documentation: Detailed records of the traumatic event and subsequent symptoms are crucial.

Given these complexities, it's advisable to seek legal assistance to help substantiate your claim.


How to File a Workers' Compensation Claim for PTSD

Step-by-Step Guide

  1. Report the Incident: Inform your employer about the traumatic event as soon as possible. Delaying this step can jeopardize your claim.
  2. Seek Medical Help: Get diagnosed by a mental health professional. Keep all medical reports and records.
  3. File a Claim: Submit a workers' compensation claim through your employer. Include all relevant documentation.
  4. Consult a Lawyer: Given the complexities involved, consulting a lawyer specializing in workers' compensation can significantly improve your chances of a successful claim.

Legal Challenges and Considerations

Statute of Limitations

In Florida, workers' compensation claims must be filed within a certain timeframe. The statute of limitations for filing a claim is generally two years from the date of the incident or from the time the injury becomes apparent.

Burden of Proof

The burden of proof lies with the employee to demonstrate that the PTSD is directly linked to a work-related event. Medical records, witness statements, and even video footage can play a vital role in establishing this link.

Employer’s Defense

Employers may contest PTSD claims, arguing that the condition was pre-existing or not related to the workplace incident. Legal expertise can help counter these arguments effectively.


Why You Need Legal Representation


Lawyers specializing in workers' compensation understand the intricacies of the law and can help gather the necessary evidence to support your claim.

Negotiation Skills

Experienced lawyers can negotiate effectively with insurance companies, which often aim to minimize payouts.

Peace of Mind

Navigating the legal complexities of a workers' compensation claim while dealing with PTSD can be overwhelming. Legal representation allows you to focus on recovery while leaving the legalities to the experts.


Case Studies and Real-Life Examples

First Responders

A police officer in Orlando, FL, developed PTSD after responding to a horrific accident scene. Despite initial denials, legal intervention helped secure workers' compensation benefits, covering medical treatment and lost wages.

Workplace Violence Victims

An office worker who was assaulted by a colleague suffered from severe PTSD. With the help of an attorney, she successfully claimed workers' compensation, which included therapy sessions and wage replacement.


Additional Resources

Support Groups

Joining a support group can provide emotional and psychological support. Organizations like the PTSD Foundation of America offer resources and support for individuals suffering from PTSD.

Counseling Services

Many employers offer Employee Assistance Programs (EAPs) that include counseling services. Utilizing these can provide immediate help and long-term treatment options.

Legal Assistance

For those needing assistance with workers' compensation in Orlando, FL, ARL Attorney offers free legal consultations. Expert legal advice can be the difference between a denied claim and receiving the benefits you deserve.


If you or someone you know is struggling with PTSD due to a work-related incident, don't hesitate to seek help. Contact ARL Attorney today for a free consultation. Our team specializes in workers' compensation cases and is dedicated to helping you get the support and benefits you deserve.

By understanding the complexities and legalities surrounding PTSD and workers' compensation, you can better navigate the system and secure the benefits you need for your recovery. Don't face this battle alone; professional legal assistance can make a significant difference in the outcome of your claim.

Get in touch with ARL Attorney today and take the first step towards securing your future.

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