As medical science and society have come to recognize the validity of mental health illnesses, workers’ compensation law has also changed. North Carolina’s workers’ compensation system provides benefits to workers who suffer mental illness because of their working conditions. This includes benefits for work-related post-traumatic stress disorder (PTSD), depression, anxiety, or other mental health issues.
If you have received a mental illness diagnosis and are unable to perform your job, you may be entitled to workers’ compensation benefits, including paid medical care and partial replacement of lost income. However, workers’ compensation cases based on mental illness are still extremely challenging to prove. To qualify for benefits, you must provide evidence that your job or an incident at work caused your illness. For the best opportunity to collect benefits, you should seek the guidance of a Raleigh workers’ compensation lawyer.
The workers’ compensation lawyers at Younce, Vtipil, Baznik & Banks, P.A., are experienced advocates for injured workers. Contact us online or at (919) 661-9000 to discuss your questions and legal options with a Raleigh workers’ compensation attorney. We offer a free claim review.
What Are the Common Types of Work-Related Mental Illnesses in North Carolina?
Many employers realize the importance of helping workers address issues such as depression, anxiety, and addiction. Some offer programs that seek to increase awareness about mental illness and encourage more employees to seek treatment. Other employers are not as progressive.
Some workers worry about negative reactions if they seek help for a mental health issue at work. However, the Americans with Disabilities Act (ADA) gives employees the right to ask for reasonable accommodations for their mental health conditions to enable them to perform their essential job duties. It is illegal to punish or terminate an employee for seeking workers’ compensation benefits; however, employers are savvy enough to not list this as a reason, which can make proving that the employee was terminated for pursuing workers’ compensation benefits difficult to prove – especially in an employment at-will state.
According to the American Psychiatric Association, the most common mental illnesses include:
- Anxiety Disorders – Clinical anxiety is fear of future events that could be or is age-inappropriate or out of proportion to the situation, and that hinders the individual’s ability to function normally. Because individuals who suffer from anxiety disorders often try to avoid situations that trigger or worsen their symptoms, this may harm their job performance.
- Post-Traumatic Stress Disorder (PTSD) – Experiencing or witnessing a traumatic event, such as a violent injury, an assault, or military combat, can lead to a person suffering from PTSD. Symptoms include intense, disturbing thoughts and feelings related to the experience that last long after the situation has ended, as well as sadness, fear, or anger. Individuals may also become estranged from others.
- Depression – Depression affects how an individual feels, thinks, and acts and can lead to a variety of emotional and physical problems. Symptoms that will affect job performance include lack of energy, feelings of worthlessness, and difficulty thinking, concentrating, or making decisions. A person who is severely depressed may be unable to get out of bed.
- Addiction/Substance Abuse – For some people, the use of alcohol or drugs takes over their lives. Addiction is a complex brain disease manifested by compulsive use of the addict’s “drug of choice” despite the harmful consequences. People with addiction disorders may forsake jobs and personal relationships to feed their habits.
