Anything can happen in your workplace. Even if physical wounds heal, the emotional impact can linger. Flashbacks, nightmares, anxiety, or an overwhelming fear can make it difficult to do your job or even go about your daily life. As such, employees in Minnesota can file a workers’ compensation claim for post-traumatic stress disorder (PTSD) under certain circumstances.
If you are unsure whether your situation qualifies, you do not have to figure it out alone. At Osterbauer Law Firm, you can work with a PTSD lawyer in Saint Paul or Minneapolis who understands the local laws and can help you determine your legal options.
Three Categories of Workers’ Compensation Claims Involving Mental Problems
PTSD is a mental health condition that can develop after a traumatic event. In many cases, it also occurs alongside other conditions like depression, substance abuse, memory problems, or other physical health issues.
Regarding workers’ compensation in Minnesota, not every psychological injury is treated the same way. The state generally recognizes three different categories of such claims.
Mental Stress Resulting in Physical Injury
You may be eligible for workers’ compensation if your job-related stress played a significant role in causing a physical condition. For example, prolonged workplace stress could contribute to high blood pressure, heart-related conditions, or other medically identifiable illnesses.
The stress does not have to be the only cause of your physical injury, but it must be a substantial contributing factor. To succeed with this type of claim, you will need to prove medical and legal causation.
Physical Trauma Resulting in Mental Injury
If, for example, you suffer severe burns, lose a limb, or experience a traumatic workplace accident and later develop PTSD, Minnesota workers’ compensation law recognizes that the emotional injury may be just as real as the physical one.
The physical injury does not have to be catastrophic, nor does it have to be the only reason the mental condition developed. Instead, it simply needs to be a substantial contributing factor. You will need strong medical evidence connecting your psychological condition to the workplace injury.
Mental Stress Resulting in Mental Injury
Historically, Minnesota did not allow workers’ compensation claims when workplace stress caused only a mental injury without any accompanying physical injury. In fact, several court decisions held that psychological injuries alone were not covered under the Workers’ Compensation Act. That changed in 2013, when the Minnesota Legislature amended the Workers’ Compensation Act.
Today, PTSD is the only stand-alone psychological condition specifically recognized for workers’ compensation benefits.
Injuries on or After October 1, 2013, and January 1, 2019
If your workplace injury occurred on or after October 1, 2013, Minnesota law allows PTSD to qualify for workers’ compensation benefits provided the following requirements are met:
- The condition occurred out of and during your employment.
- The diagnosis comes from a licensed psychiatrist or psychologist.
- The condition meets the diagnostic criteria outlined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM).
PTSD is not considered a compensable workplace injury if it results solely from routine employment actions carried out in good faith, such as performance evaluations, disciplinary actions, demotions, terminations, and layoffs.
Beginning January 1, 2019, Minnesota expanded protections for certain public safety professionals by creating a legal presumption for PTSD claims. This presumption applies to employees working in occupations such as the following:
- Licensed police officers
- Firefighters
- Paramedics
- Emergency medical technicians (EMTs)
- Nurses providing emergency medical services outside medical facilities
- Public safety dispatchers
- Corrections officers working in correctional, detention, or secure treatment facilities
- Sheriffs and full-time deputy sheriffs
- Members of the Minnesota State Patrol
Not every claim is automatically approved, however. Employers and insurance companies can still challenge the claim.
The Workers’ Compensation Claim Process
Filing a workers’ compensation claim can be tough, especially when you are already dealing with the emotional effects of PTSD. Fortunately, Minnesota has a structured process in place.
Here are the basic steps you should follow:
- Step 1: Report your injury as soon as possible.
- Step 2: Get medical care right away.
- Step 3: Find a PTSD lawyer in Minneapolis or Saint Paul.
- Step 4: Watch for paperwork from the insurance company.
- Step 5: Receive benefits or challenge the denied claim.
Workers’ compensation benefits are designed to help affected employees recover physically, emotionally, and financially. Depending on your situation, you may qualify for coverage for reasonable and necessary medical treatment and rehabilitation. You may also receive monetary benefits for your temporary total disability (TTD), temporary partial disability (TPD), or permanent partial disability (PPD).
If a worker dies because of a work-related accident or occupational illness, surviving dependents may be entitled to death and dependency benefits. Moreover, those injured on or after October 1, 2013, may qualify for annual cost-of-living adjustments beginning three years after the date of injury.
Why You Need a PTSD Lawyer in Minnesota
PTSD claims can be far more complex than many other workers’ compensation cases. Unlike a broken bone or visible injury, PTSD requires extensive medical documentation, expert opinions, and evidence. Having a PTSD attorney in Minneapolis or Saint Paul, then, is an edge.
A PTSD lawyer in Saint Paul or Minneapolis can explain whether your condition likely qualifies under Minnesota workers’ compensation laws. They can help you gather medical records, expert opinions, and other evidence to support your claim. These professionals ensure your paperwork is completed accurately and submitted on time and respond to requests for additional documentation.
Your PTSD lawyer in Minneapolis or Saint Paul can communicate with the insurance company for you. You can trust them to challenge an unfair denial, protect your rights, and pursue the full benefits you deserve. Simply put, you can focus on your comeback as they handle the complicated legal procedures.
Get in Touch with Osterbauer Law Firm
The Osterbauer Law Firm team has been supporting individuals and families throughout Minnesota with workers’ compensation matters for over two decades. We understand how isolating PTSD can be, so you can count on us to pursue only the best possible outcome for your case.
Your initial consultation with Osterbauer Law Firm is completely free, and you will not pay any attorney’s fees unless we secure compensation on your behalf. Reach out to a PTSD attorney in Minneapolis or Saint Paul by calling (612) 334-3434 or leaving us a message online.