"Psychological Injuries in Workers’ Comp: A Patchwork of State Approaches”
Swift Currie attorney Shantalia Osborne authored an article for Claims Journal discussing how psychological injuries are handled across the patchwork of different states' workers’ compensation laws and standards.
Osborne detailed the three categories that mental injury claims are divided into based on condition, which include “physical-mental”, “mental-physical” and “mental-mental” injuries. She then examined how different states handle each category of mental injury, with some states employing exceptions for certain situations, such as first responders dealing with work that is often traumatic in nature. The burden of proof in mental health injuries lies with employees issuing a claim, and Osborne explored considerations on how employers can defend themselves against psychological injury claims and the claims management challenges that can arise for insurance companies in such matters.
“As the workforce continues to prioritize mental health and societal attitudes shift toward greater recognition of psychological well-being, policymakers and courts will continue to refine the balance between protecting workers and preserving the integrity of the compensation system,” said Osborne. “For insurance and claims professionals, staying informed about these developments is prudent and necessary to navigate the increasingly complex intersection of mental health and workers’ compensation law.”
To view the full article, you may click here.
