Episode 108: Calloway County injury attorney Jeff Roberts discusses filing a claim for PTSD. These can be caused by a workplace injury, automobile accident, dog bites and many other types of experiences. Post Traumatic Stress Disorder (PTSD) is a diagnosis with significant symptoms. Those symptoms can affect someone’s ability to cope with triggers that can negatively impact an individual’s life.
During his almost 33 years of practice, Jeff has represented a number clients who have sought help in filing a claim for PTSD. From a workers’ comp perspective there are many situations that could result in this condition, such as an explosion at the plant, the Mayfield tornadoes that devastated the candle factory, and even first responders who have encountered horrific or violent accident scenes, as well as other types of workplace injuries.
Challenges for First Responders in PTSD Claims
In Episode 51, Jeff explained the challenges first responders can have in securing workers’ compensation benefits for PTSD. Under Kentucky law, for a psychological injury to qualify for workers’ comp benefits, it must be directly related to a physically traumatic event or injury. Because first responders typically witness or encounter accident scenes that are tough to handle, they weren’t personally involved in the accident. This means they often don’t qualify for benefits, even though they may have gone through these experiences multiple times.
It would be similar for a factory worker who runs to a different part of the plant to assist or to escape after an explosion. If they weren’t directly injured by the explosion, there’s a good chance they wouldn’t be successful in getting workers’ comp benefits.
In Episode 97, Jeff discussed filing a claim for emotional distress. This claim can be brought by someone who witnessed an injury, but was not directly injured by it.
Why Is PTSD Considered Eligible for Workers’ Comp Benefits?
PTSD doesn’t have to mean you’re unable to work, although that can be part of it. However, a psychological injury, again associated with a physical injury, could qualify. For instance, a police officer who was involved in a scuffle with someone and he/she was injured, would be permitted to file a claim, assuming PTSD was diagnosed.
Jeff points out that it’s important to look at these situations on a case-by-case basis. Don’t automatically assume you’d be ineligible.
As with any other workers’ compensation claim, the PTSD must result in a permanent impairment. Jeff explains this is the first hurtle he and his client must overcome. Even if you’re able to return to work, you may still have a permanent impairment rating, which means you could still receive permanent partial disability. If the PTSD results in you not being able to return to work, you may be able to receive permanent total disability benefits. Jeff explained various types of workers’ comp benefits in Episode 2.
Mental Health Treatment Is Becoming Mainstream
Jeff takes a few minutes to address how important seeking mental health treatment can be. The positive improvement in a client’s quality of life is something he’s noticed over and over, throughout the years. It also can improve the family’s quality of life. While it might not cure the condition, mental health treatment can certainly help individuals to cope with issues.
What Types of Workers’ Comp Benefits Can You Receive for PTSD?
The cost of treatment by a therapist, psychologist or psychiatrist would be covered by workers’ comp. Any prescribed medications would be covered, including co-pays and deductibles. You can also be reimbursed for mileage to and from treatment.
PTSD Resulting from an Automobile Accident
PTSD can be caused by an automobile accident, especially if you witnessed a loved one being injured. Jeff points out that minors who are involved in car wrecks are definitely susceptible to PTSD, as a result. This can occur even if the injuries aren’t as serious.
It’s important to seek medical treatment for the condition. Generally speaking, the earlier you get treated, the better the chances are that it may not result in PTSD.
PTSD from a Dog Bite Incident
In Episode 38, Jeff discussed dog bite claims. Such an attack can often result in mental trauma, which may progress to PTSD. This could be severe for small children, regardless of whether it was family pet or other dog.
PTSD Can Result in Social Security Disability Claims
Another area of law Jeff practices is social security disability. He’s seen many situations in which a workplace injury may also result in a social security disability claim. PTSD is a factor in these types of claims.
Unfortunately, Jeff has also noted that PTSD can be a result of childhood sexual trauma. He’s represented several individuals who have experienced this, and are dealing with the lifelong repercussions of that trauma. In a number of those cases, the individuals were unable to continue working and that resulted in the need to file social security disability claims.
Former military professionals may also be eligible to file for social security disability for PTSD, in addition to their VA benefits. Jeff doesn’t handle VA benefits, but he can assist with the disability claim.
In Episode 76, Jeff explained the Listing of Impairments for social security claims. PTSD is listed in Category 12 of those listings. If the PTSD is combined with certain other conditions, the individual may automatically qualify. However, even if they don’t have the other conditions, they may still qualify, but it may take longer to resolve the case.
For reference, in Episode 100, Jeff discussed Testifying at Your Social Security Disability Hearing. That might be helpful if you are planning on filing for disability.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your PTSD Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
