Psychological PTSD Injuries

Post-Traumatic Stress Disorder (PTSD) is a mental health condition that may develop after experiencing or witnessing a traumatic event. PTSD can significantly impact a person’s daily life, relationships, and ability to function at work. It is essential for individuals experiencing symptoms of PTSD to seek support, as there are effective treatments available, such as therapy and medication, that can help manage symptoms and improve quality of life.
A workplace incident leading to PTSD refers to a traumatic event or series of events that occur in the workplace and result in the development of PTSD in an individual. This could include experiencing or witnessing a severe accident, workplace violence, harassment, bullying, or any other event that causes significant emotional distress and psychological trauma. PTSD symptoms resulting from workplace incidents can have great impact on the individual’s well-being, ability to work, and overall quality of life.

Massachusetts law states that workers are eligible for compensation for mental or emotional disabilities such as PTSD if the workplace incident or a work-related physical injury was the cause of the condition. Proving PTSD may be a significant challenge because unlike physical disabilities, psychological disabilities are not visibly obvious.

The Center for Anxiety and Traumatic Stress Disorders at Massachusetts General Hospital conducts research aimed at improving care for people suffering from various anxiety disorders, including PTSD. The Center offers individual cognitive-behavioral therapy (CBT) and other evidence-based treatments that have proven effective in reducing symptoms. Additionally, resources like NAMI Massachusetts provide support for those who have experienced trauma, offering a list of peer-led groups, online communities, and trauma-focused therapists.

The legal framework in Massachusetts provides a pathway for individuals suffering from Post-Traumatic Stress Disorder (PTSD) as a result of an injury to seek compensation. This is a critical aspect of personal injury law that acknowledges the profound impact psychological injuries can have on an individual’s life. Key points to understand when considering a PTSD claim include:

• Statute of Limitations: It is important to pay close attention to the time limits for filing a PTSD claim. In Massachusetts, personal injury claims, including those for PTSD, typically need to be filed within a specific timeframe from the date of the incident or discovery of the injury.
• Damages: The law allows for the recovery of various types of damages for those suffering from PTSD, including compensation for medical expenses, lost wages, pain and suffering, and diminished quality of life.
• Proving PTSD: Successfully proving PTSD in a court requires a detailed presentation of evidence, including:
  • Medical documentation of PTSD diagnosis and treatment.
  • Expert testimony, usually from a licensed psychologist or psychiatrist, to confirm the diagnosis and establish a link between the incident or injury and the PTSD.
  • Evidence demonstrating how PTSD has affected the claimant’s life, including impacts on work, relationships, and overall well-being, that can help quantify damages.

• Burden of Proof: The claimant must convincingly demonstrate that their PTSD was directly caused by a workplace incident or other injury.
• Documentation and Expert Testimony: The following may be essential to assuring the validity of your claim, quantifying your damages, and establishing the basis of your PTSD claim:
  • Comprehensive medical records detailing the diagnosis, treatment, and prognosis of PTSD.
  • Expert testimony from mental health professionals who can speak to the severity of the condition and its causation.
• Understanding Medical and Legal Aspects: Building a compelling case for a PTSD claim often requires collaboration on behalf of both medical and legal professionals.
• Subjectivity of Psychological Injuries: Unlike physical injuries, the subjective nature of psychological injuries like PTSD can make them more challenging to prove to the satisfaction of a court or insurance company.

Successfully overcoming these challenges requires meticulous preparation, supporting evidence, and legal guidance. At Markey Law Partners, we understand the complexities of psychological PTSD injuries and the challenges our clients face in proving their claims. Our team of experienced attorneys is dedicated to providing compassionate and effective legal representation for those suffering from PTSD. We strive to ensure that our clients receive the recognition and compensation they deserve.