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Can I Get Workers’ Compensation for PTSD in North Carolina?

On Behalf of Christian Ayers
  |     |  

Post-traumatic stress disorder, or PTSD, is a very serious condition and deserves as much sympathy as a physical injury. When workers experience something traumatic that develops into PTSD, it’s common for them to wonder, “Can I get workers’ compensation for PTSD in North Carolina?”

Can I Get Workers Compensation For PTSD In North Carolina

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PTSD is incredibly common. About six out of every 100 United States residents will have PTSD at some point in their lives. Luckily, PTSD doesn’t mean a lifelong diagnosis. Through proper treatment, symptoms can become more manageable, and some people may even fully recover.

At Ayers, Whitlow & Dressler, we work with clients who have experienced some of the most difficult things a person can go through. This includes clients with PTSD. When you come into our office for a consultation, you’ll be treated without judgment.

We pride ourselves on our consistent compassion. With over 100 years of combined professional experience, our four lawyers can represent your interests and advocate for what you need.

What Is Post-Traumatic Stress Disorder?

PTSD is a mental health condition. It can happen to people who have gone through or witnessed a traumatic event or series of events. In the workplace, this can occur for a variety of reasons and in many jobs, including:

  • First responders
  • Healthcare workers
  • Military personnel
  • Violence in the workplace, such as an assault
  • Sexual harassment or assault
  • A serious workplace injury
  • High-stress environments
  • Natural disasters

While these jobs and instances can be traumatic, it’s important to note that most people who experience trauma do not develop PTSD.

Symptoms of Post-Traumatic Stress Disorder

PTSD often happens alongside other conditions, such as depression, anxiety, substance use, and memory problems. PTSD symptoms can be separated into four main categories:

  1. Intrusion symptoms: These include unwanted and upsetting memories, distressing dreams, or flashbacks that may feel very real and trigger fear or panic.
  2. Avoidance symptoms: These involve staying away from reminders of the trauma, including people, places, or activities, and avoiding talking about the event.
  3. Changes in mood and thinking: These may include persistent sadness, loss of interest in activities, memory problems, negative beliefs about oneself or others, guilt, shame, detachment, or an inability to feel positive emotions.
  4. Changes in arousal and reactivity: These can include irritability, angry outbursts, reckless behavior, heightened alertness, being easily startled, or trouble sleeping or concentrating. Some people may also experience dissociation, such as feeling detached from their body or the world around them.

More than 1.3 million North Carolinians have a disability. These disabilities, whether physical or mental, can make daily life difficult to navigate. While professional help can be beneficial to many with PTSD, not everyone with the condition needs it.

Some people improve over time or with the support of their loved ones and community. For others, professional treatment is important. PTSD is treatable, and early intervention improves the chances of recovery. Therapy and medication can be incredibly beneficial for those suffering from PTSD.

The Workers’ Compensation Process Step-by-Step

North Carolina workers are legally entitled to workers’ compensation benefits after a workplace injury or illness. However, to seek benefits for PTSD, you’ll need to prove that the PTSD developed from work. This can be difficult to do and requires extensive evidence.

North Carolina workers’ compensation laws also require you to report the injury to your employer within 30 days of noticing symptoms, and you must file a formal claim to obtain benefits. It’s important to hire a workers’ compensation attorney to help you navigate the claim process.

Workers’ compensation cases may result in denials or pushback from the workers’ compensation insurance company. During these times, what you say to the insurance adjuster or your employer can be pivotal. An experienced attorney can talk to these people on your behalf, thereby preventing you from accidentally saying anything that could jeopardize your access to benefits.

FAQs

What Evidence Can Prove That My PTSD Is From Work?

Extensive evidence is necessary to prove to your employer that you qualify for workers’ compensation for your PTSD. Having eyewitness statements of the incident or your symptoms can bolster your claim. Medical records and bills can provide professional insight for your claim. It’s recommended that you keep a journal, cataloging dates and times of PTSD symptoms and how they impact your daily life.

Does PTSD Have to Develop Immediately After the Incident at Work to Qualify for Workers’ Compensation Benefits?

No, PTSD doesn’t have to develop immediately after the incident at work to qualify for workers’ compensation benefits. After a traumatic event, it is common to have symptoms similar to PTSD for a short time. However, for a diagnosis of PTSD, these symptoms must cause significant problems in daily life and last longer than a month. Symptoms often appear within three months, but they can also start later, and they may continue for months or years.

What Workers’ Compensation Benefits Will I Receive for My PTSD in North Carolina?

In North Carolina, benefits for PTSD can include medical treatment and partial lost wages if you cannot work while recovering. Your employer’s workers’ compensation insurance will provide for your medical treatment and pay for it. In emergencies, employees can seek their own medical treatment, but they must inform their employer of this as soon as possible. In North Carolina, benefits can also include compensation for up to 20 miles of travel for medical care.

How Much Wages Will I Receive If I Cannot Work in North Carolina?

If you cannot work during recovery for your PTSD in North Carolina, you’ll receive partial wage payments. They are typically paid weekly, and they are two-thirds of your average weekly wage. These payments continue until you can return to work normally. If you can’t return to work at all, the payments may continue indefinitely.

Work With a Trusted North Carolina Workplace Injury Law Firm

Here at Ayers, Whitlow & Dressler, we pride ourselves on being a support system for injured North Carolina residents. As longtime North Carolina residents ourselves, we know the importance of protecting our neighbors.

We work on a contingency fee basis, meaning we only receive payment if we secure compensation for your case. Contact our office today to learn how we can assist you after developing PTSD from your work environment.