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Richmond, VA (WorkersCompensation.com). When a worker seeks mental health benefits under workers’ compensation law following a physical injury on the job, they should consider whether the two injuries are actually related.
However, the case of an employee who developed chronic pain and depression after a work-related accident shows in which cases it may make sense – or may not – to argue in court that the accident was not the cause of the employee’s mental health problems.
In this case, a university employee’s accident had left her with chronic pain, which she said prevented her from participating in activities because she was afraid the pain would get worse.
She had never received or needed psychiatric treatment before. But when pain treatments failed and she lost her job, her mental health worsened. Her primary care doctor diagnosed her with unspecified depression and referred her to a therapist.
The therapist documented that the employee was experiencing depressed mood, anxiety, crying fits, sleep and appetite disturbances, and lack of energy. She also documented that the symptoms were caused by her job loss, a history of trauma, and the COVID pandemic. Follow-up records continued to link her depression to her pain and job loss.
Workers’ compensation awarded her benefits for mental health treatment. The company challenged that award, arguing that there was no medical evidence linking her injury to her depression or anxiety disorder.
To receive workers’ compensation benefits for mental health treatment, an employee must prove that his or her on-the-job injury caused the need for that treatment.
Has the employee demonstrated that there is a causal connection between her injury and her mental illness? Click on an option to complete the quiz and find out the correct answer.
A. Yes. Overall, it became apparent that there was a close connection between the two.
B. No. Her doctor’s records found no connection between her depression and her pain.
