After seeing one of your co-workers die at work, you become very anxious about going back to work. It took a lot out of you because you saw him die right in front of your eyes. You refuse to think about it for very long because of the nightmares it gives you. You have severe anxiety about working at the job site because of your fear that death could come to you just as easily. Because of this, you are diagnosed with PTSD after going to your doctor about your symptoms.
You are astonished with the diagnosis, especially when the doctor tells you that you should file a workers’ comp claim. You thought only military personnel got PTSD so you aren’t sure what to think. Let’s take a closer look into the idea that you can file for workers’ comp after your situation along with the difficulties of doing so.
What are the symptoms of PTSD?
PTSD, or post-traumatic disorder is a type of anxiety disorder that is caused by living through a dangerous event. People who have PTSD may experience stress or fear sometimes long after the danger of the event has passed. Though PTSD is most commonly associated with people in military service, anyone can be diagnosed with it. It’s the shock and the trauma of the incident that causes the symptoms of PTSD to be delayed. It is unsure why some people become diagnosed with PTSD while others who went through the same situation do not become diagnosed with it.
Medical authorities group the symptoms of PTSD into three categories. The first symptom is re-experiencing the event through flashbacks, physical symptoms like a racing heart, nightmares, and frightening thoughts. The second symptom is avoidance in the form of turning off emotions, feeling guilt or depression, losing interest in normally-enjoyable activities, and experiencing difficulty in remembering the traumatic event. The third symptom is hyperarousal in the form of being easily startled, feeling on edge all the time, and having difficulty sleeping. You could also have angry outbursts with this symptom.
What are the challenges of a PTSD claim in NC?
You are, in fact, able to file for workers’ comp in this situation but it can be quite difficult. This is especially true if you’ve had trauma in your life previously. One of the major challenges related to filing a claim for PTSD comes with the fact that you cannot be diagnosed with it for 30 days. This is a problem because you have to let your employer know of any injuries, physical or otherwise, within 30 days to be able to file a workers’ comp claim.
An accident that leads to the death of a co-worker that you witnessed could very well lead to you developing PTSD. You will need records of work attendance, reports of the accident itself, and the recommendations/records of your doctor to support your claim of PTSD in this case. Once you have these records, you are more easily able to be granted the compensation you need while getting proper mental health treatment.
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, NC. If you or a loved one has sustained an injury at work, please call me at please call me at (252) 777-2222 or 800-387-6406 for free, friendly advice.
I am a longtime member of the Million Dollar Advocates Forum.