Can I Recover For Stress Related Injuries at Work?
20 years ago, Maryland ’s highest court ruled that the worker’s compensation commission may recognize a PTSD claim, so long as the fairly stringent standards of the workers’ compensation statute are met. ” PTSD may be compensable as an occupational disease under the Workers’ Compensation Act if the claimant can present sufficient evidence to meet the statutory requirements. See § 9-101(g) (disease must be contracted as the result of and in the course of employment and the disease must cause the employee to become incapacitated); § 9-502(d)(1)(i) (disease must be due to nature of an employment in which the hazards of the occupational disease exist).” Means v. Baltimore Co., 689 A.2d 1238 [MD 1997]. Maryland, moreover, recognizes three categories of “mental”- for lack of a better label- injuries that may be compensable, or covered, under workers’ compensation. Perhaps the more common is the physical-mental claim, where a physical impact or injury has consequences for the psyche of the worker. In a second scenario, a purely mental stimulus causes physical manifestations to, or in the worker,]
Can I Recover For Stress Related Injuries at Work?
As Attorney Eric T. Kirk will tell you, the final category, the so-called “mental-mental” claim is one in which a mental stimulus causes purely mental ramifications, consequences or sequela for the injured worker. In Means, the court went on to state: “We conclude that PTSD may be compatible with the general character of occupational disease. We have consistently described occupational disease as “some ailment, disorder, or illness which is the expectable result of working under conditions naturally inherent in the employment and inseparable therefrom, and is ordinarily slow and insidious in its approach.” These cases are difficult to prove and typically require expert testimony in the form of an opinion, to a reasonable degree of probability, that the workplace event caused the psychological disturbance.
In what could perhaps be considered a play on a famous line from the 1960s Star Trek series: “Damn it, Jim. I’m a lawyer, not a doctor.” I am Eric T Kirk. I’m a Baltimore personal injury lawyer. I’m not a doctor and I don’t give medical advice. Having said that, we do see certain things over the years, certain commonalities, if you will . Most will agree PTSD (Post-Traumatic Stress Disorder) is a mental health condition that develops in people who have experienced or witnessed a traumatic event. Even doctors hired by the insurance company to dispute that a Baltimore personal injury plaintiff has been injured would likely agree. It can result from serious accidents, personal injury incidents, violence, combat, or other highly distressing experiences.
Can I Recover For Stress Related Injuries at Work? Symptoms of PTSD
PTSD symptoms may fall into categories:
- Intrusive Thoughts
- Flashbacks, nightmares, or distressing memories of the traumatic event
- Feeling like the event is happening again (reliving it)
- Avoidance
- Avoiding places, people, or situations that remind you of the trauma
- Suppressing thoughts about the event
- Negative Changes in Thinking & Mood
- Feelings of guilt, shame, or blame
- Difficulty remembering details of the trauma
- Loss of interest in activities or detachment from loved ones
- Hyperarousal & Reactivity
- Constantly feeling “on edge” or easily startled
- Difficulty sleeping or concentrating
- Irritability, outbursts, or reckless behavior
Can I Recover For Stress Related Injuries at Work? PTSD in Baltimore Personal Injury Claims.
As a Baltimore personal injury lawyer, I’ve seen that PTSD can be an important factor in cases involving:
- Car accidents (victims reliving the crash)
- Workplace injuries (trauma from severe injuries or workplace violence)
- Assault or violent crimes
How PTSD is Handled in Baltimore Personal Injury Cases?
- Medical Evidence: Diagnosis from a psychiatrist or psychologist
- Expert Testimony: Mental health professionals explain PTSD’s impact
- Non-Economic Damages: Compensation for pain, suffering, emotional distress
I have been evaluating cases for more than 30 years. I’ve handled thousands of cases in that time. I invite all potential clients to participate in a no-cost legal analysis and strategy conference. Contact me today to arrange a time to meet. 410-591-2835.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
