Mental Health Injuries under Workers’ Compensation

It may come as a surprise, but psychiatric or mental health issues such as depression, anxiety, or post-traumatic stress disorder (PTSD) can be compensable injuries under Connecticut Workers’ Compensation law.  This means an injured worker experiencing such issues can receive medical treatment, such as medication or counseling, or money for time missed from work if these issues limit work capacity. 

Under Connecticut Workers’ Compensation law, mental health issues must originate from a physical injury occurring as a result of work[1].  This means that mental health issues without a corresponding physical injury are not compensable.  For example, depression and anxiety developed as a result of a back injury at work are compensable under Workers’ Compensation.  On the other hand, depression and anxiety developed as a result of a high-pressure work environment, without physical injury, would not be compensable.  What constitutes a qualifying “physical injury” may be difficult to assess and has been addressed on a case-by-case basis. 

The exception to the rule requiring a physical injury allows for police officers “subjected to serious physical injury or death through the use of deadly force”[2].  Under this rule, a police officer would not need to sustain physical injury in order to bring a mental health claim.

Mental health injuries are often overlooked, ignored, or downplayed.  A worker may be hesitant to mention mental health problems due to fear of the stigma associated with mental health treatment.  Many workers, especially men, are conditioned to try to ignore such problems, often to their own detriment.  This is unfortunate, as the mental health problems may linger long after other injuries have healed.  In many instances, lingering mental health problems are just as debilitating as physical injuries. 

Workers’ Compensation insurance companies almost always contest claims for mental health treatment.  Having an experienced attorney to help guide you to patient-oriented providers and assert your rights is important.  With the right help, both the physical and mental aspects of a work injury can be treated allowing an injured worker to recover more fully.   

[1] C.G.S. § 31-275(16)(B)(ii)-(iii)

[2] C.G.S. § 31-294h