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Will Workers’ Comp Pay for a Psychological Injury?

I recently had the pleasure of representing a very nice lady who suffered from severe anxiety and post traumatic stress after witnessing a violent murder while at work. She had no physical injuries. Workers’ Compensation insurance will pay for a purely psychological injury so long as the injury occurred while at work.

Detailed medical records and documentation are very important to every comp case, but even more so with a psychological case. In the case I mentioned above, my client had been seeing qualified psychologists who clearly documented the cause of her issues and the problems she would have working in the future.

The defense sent this client for a second opinion from a different psychologist. This second opinion is called an Employer’s Medical Exam, or EME in the workers’ compensation world. The defense does this to try and help their case, not the injured worker. But in the case we are discussing, the EME actually did not hurt our case at all. The EME opinions were in line with the treating doctor’s opinions. The case settled for six figures so the client was able to live with her injuries and continue to get the treatment she needs.

Have a great day!

Kevin

“Judge less, love more.” JKR


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