Florida Workers’ Compensation And Mental Health: Can You Claim Benefits For Anxiety And Depression?
You were injured at your Fort Lauderdale job, and the physical recovery has been hard enough. But now you are also struggling to sleep, feeling anxious about returning to work, or sinking into a depression you cannot shake.
What many injured workers do not realize is that the psychological toll of a workplace injury is real. Our experienced Fort Lauderdale workers’ compensation lawyer explains when mental health conditions qualify for benefits and how to protect your rights.
Do Mental Health Conditions Qualify For Workers’ Comp Benefits in Fort Lauderdale?
The National Institute of Mental Health reports that more than 20 million people in the U.S. suffer from mental health issues. The risk is even higher for injured workers. The circumstances surrounding a work place accident, injuries suffered, and lost income and impact on daily activities are well-documented triggers for anxiety and depression.
In Florida, mental health conditions can qualify for workers’ compensation benefits, but only under specific circumstances. Under Section 440.093 of the Florida Statutes, a psychiatric or psychological condition is compensable only when it arises from a compensable physical injury.
Conditions that may qualify for benefits alongside a physical workplace injury include:
- Clinical depression resulting from chronic pain, loss of mobility, or inability to return to work.
- Anxiety disorders triggered by the traumatic circumstances of a workplace accident.
- Post-traumatic stress disorder (PTSD) following a violent or life-threatening workplace incident.
- Adjustment disorders tied to the sudden and significant lifestyle changes caused by a serious injury.
Benefits available through the Florida Division of Workers’ Compensation can help cover psychiatric evaluations, counseling, and medication management, but only through an authorized treating physician or mental health provider approved by your employer’s insurer.
How Injured Workers Can Protect Their Rights To Fort Lauderdale Workers’ Compensation Mental Health Benefits
Mental health claims are frequently challenged by insurers, who may argue that your condition is pre-existing or unrelated to your workplace injury. To protect your rights to benefits in a Fort Lauderdale workers’ comp claim, take these steps:
- Report any psychological symptoms to your authorized treating physician so they can be documented in your file.
- Request a referral to an approved mental health provider as part of your overall treatment plan.
- Keep a detailed journal of how your mental health symptoms affect your daily life, sleep, and ability to work.
- Save all records of mental health treatment, prescribed medications, and related medical expenses.
If your employer or their insurer refuses to authorize mental health treatment, get professional legal help right away.
Mental Health Claim Denied? Consult an Experienced Fort Lauderdale Workers’ Compensation Lawyer
Dealing with anxiety, depression, or PTSD following a workplace injury in Fort Lauderdale? At the Law Offices of David M. Benenfeld, P.A., our experienced Fort Lauderdale workers’ compensation lawyer is here to help.
We act as a strong legal advocate on your side and fight for the full benefits you deserve. For comprehensive client service and professional legal representation, contact us today and request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office.
Source:
nimh.nih.gov/health/statistics/major-depression https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.093.html