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Richmond, Va. (WorkersCompensation.com) When an employee seeks mental health benefits under workers’ compensation law after a physical injury at work, it’s worth considering whether the two injuries are truly related.
But the case of an employee who developed chronic pain and depression after a workplace accident illustrates when it may or may not be wise to argue in court that the accident did not cause an employee's mental health problems.
In this case, a university employee had been in an accident, suffered chronic pain, and was unable to participate in activities for fear that it would worsen the pain.
She had never sought mental health treatment and had no need for it, but with pain treatments not working and her loss of work, her mental health deteriorated. Her doctor diagnosed her with unexplained depression and referred her to a therapist.
The therapist noted that the employee suffered from low mood, anxiety, crying spells, sleep and appetite disorders, and lack of energy. She also noted that her symptoms were precipitated by unemployment, a history of trauma, and the COVID pandemic. Follow-up consultation notes continued to indicate that her depression was related to her pain and unemployment.
The Workers' Compensation Board awarded her mental health treatment benefits, but the company contested the award, arguing there was no medical evidence linking her injuries to depression or anxiety.
To receive workers’ compensation benefits for mental health treatment, an employee must prove that a workplace injury made the treatment necessary.
Was the employee able to prove that there was a causal link between the injury and the mental health condition? Click on the option to complete the quiz and find out the correct answer.
A. Yes, the evidence as a whole shows that the two are closely related.
B. No. Her doctor's records do not actually link her depression to her pain.
