{"id":4458,"date":"2018-02-26T10:42:38","date_gmt":"2018-02-26T14:42:38","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4458"},"modified":"2018-02-26T10:42:38","modified_gmt":"2018-02-26T14:42:38","slug":"compensation-for-emotional-distress-in-north-carolina-and-virginia-workplace-accident-cases","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/compensation-for-emotional-distress-in-north-carolina-and-virginia-workplace-accident-cases\/","title":{"rendered":"Compensation for Emotional Distress in North Carolina and Virginia Workplace Accident Cases"},"content":{"rendered":"

Many employers will argue that emotional injuries are insignificant or even frivolous. Accident victims should understand that they DO have the right to seek compensation if they need to see psychiatrist, psychologist, or any type of mental health counselor. It is easier to be approved for emotional distress wages and medical care, but not essential, if your emotional distress accompanies a physical injury. <\/span><\/p>\n

Workers who suffer broken bones, back injuries, spinal cord damage, or other physical injuries often quite justifiably worry about whether their injuries will heal properly. Accident victims often suffer anxiety and depression about their job prospects and how their injuries will affect their ability to perform even routine tasks like sleeping, walking, and eating. Workplace accident victims often worry about how their pain and recovery process is hurting their spouse and children. Not to mention <\/span>post- traumatic stress disorder (PTSD)<\/span><\/a> if the injury was violent, such as an attack or fall from heights or an amputation. <\/span><\/p>\n

In some cases, such as when a worker suffers a <\/span>traumatic brain injury<\/span><\/a>, it is virtually a given that the worker will need emotional counseling to address issues of confusion, memory loss, an inability to speak, extreme anger, and other difficulties.<\/span><\/p>\n

In other cases, such as workplace violence, there may be no physical injury at all. If a worker observes \u00a0someone being killed, comes upon a horrifically violent scene, \u00a0or if a car nearly hits the worker \u2013 then these memories can vividly play over and over again in the worker\u2019s mind, like an insane \u201cloop,\u201d interfering with the worker\u2019s sleep and destroying all emotional stability, in some cases even causing hallucinations. This may justify the need to get psychiatric help and could lead to a diagnosis of post-traumatic stress disorder (PTSD).<\/span><\/p>\n

While many workers may think it is \u201cmacho\u201d to tough out their injuries and the reactions to them, experienced workers\u2019 compensation<\/a> lawyers explain that getting professional help is often the best course. Speaking with psychologists and other professionals may even quicken the date when you can return to work, or in some cases, <\/span>protect you<\/b> from prematurely being thrown back into a work environment which is full of the very \u201ctriggers\u201d that must be avoided in order for you to heal from the PTSD. <\/span><\/p>\n

Some of the key issues involved in proving emotional distress in work injury cases<\/i><\/b><\/h4>\n

Emotional injuries are harder to prove than physical injuries. Physical injures can be verified by X-Rays, MRIs, CT scans, and other diagnostic tests. Often, there is visual evidence in the form of bruises, scarring, redness, or other unsightly conditions.<\/span><\/p>\n

Emotional injuries normally can\u2019t be seen or tested objectively, although some aspects of an underlying condition, such as memory loss or other cognitive deficits can be measured by testing. Most emotional injuries are observed. They require a review with a mental health professional who will need to document the basis for the emotional injury. The psychologist, psychiatrist, or other emotional health provider will normally complete a report which addresses the following:<\/span><\/p>\n