Your PTSD May Be Considered A Work Related Injury In Minnesota Beginning October 1, 2013.

For years, Post Traumatic Stress Disorder (PTSD) was NOT a compensable or payable workers compensation claim in Minnesota even where all parties agreed the condition was related to a work injury.  This changed effective October 1, 2013 and in many situations your PTSD may be found to be work related.

What is PTSD?

When someone feels in danger, it’s a natural response to feel afraid. This fear triggers multiple split second changes in the body to prepare to defend against the danger or to avoid it. This “fight-or-flight” response is a healthy reaction meant to protect a person from harm. But in post-traumatic stress disorder (PTSD), the individuals reaction is changed or damaged. People who have PTSD may feel stressed or frightened even when they’re no longer in danger.

PTSD develops after a terrifying ordeal that involved physical harm or the threat of physical harm. The person who is diagnosed with PTSD may have been the one who was harmed, the harm may have happened to a loved one, or the person may have witnessed a harmful event that happened to loved ones or even strangers.


What are some symptoms of PTSD?  

According to the National Institute of Mental Health, there are three primary categories for PTSD.

1. Re-experiencing symptoms

• Flashbacks—reliving the trauma over and over, including physical symptoms like a racing heart or sweating
• Bad dreams
• Frightening thoughts.

2. Avoidance symptoms

• Staying away from places, events, or objects that are reminders of the experience
• Feeling emotionally numb
• Feeling strong guilt, depression, or worry
• Losing interest in activities that were enjoyable in the past
• Having difficulty remembering the dangerous event.

3. Hyperarousal symptoms

• Being easily startled
• Feeling tense or “on edge”
• Having trouble sleeping, and/or having angry outbursts.

If you have been diagnosed with PTSD due a work related injury OR incident, you may be entitled to 100% coverage of your medical costs, wage replacement, and vocational assistance in finding new work or paid retraining.  Since the enactment of Minn. Stat. §176.011 in 2013, our firm has represented multiple individuals relative to PTSD claims including a store worker who was robbed at gunpoint and a worker who witnessed a traumatic suicide.  The attorneys of Atkinson Law Office have over 45 years combined experience handling injury and workers compensation claims in Minnesota.  Each attorney has a minimum of over 20 years experience and are widely recognized as experts in our fields.  Experience matters!  Contact our office today for a free consultation at 651-333-3636.  We represent clients across the entire state of Minnesota.  Also visit our website at www.mndisability.com for more information.

Minnesota Workers Compensation Claims For PTSD / Post Traumatic Stress Disorders.

Post traumatic stress disorder is classified as an anxiety; the characteristic symptoms of which are not present before exposure to a violently traumatic event. Typically the individual with PTSD persistently avoids all thoughts, emotions and discussion of the stressor event and may experience amnesia for it.  However, the event is commonly relived by the individual through intrusive, recurrent recollections, flashbacks and nightmares.  The characteristic symptoms are considered acute if lasting less than three months, chronic if persisting three months or more, and with delayed onset if the symptoms first occur after six months or some years later. PTSD is distinct from the briefer than acute stress disorder and can cause clinical impairment in significant areas of functioning.

Causes

PTSD is believed to be caused by the experience of a wide range of traumatic events and, particularly if the trauma is extreme, can occur in persons with no predisposing conditions.  Persons considered at risk include combat military personnel, victims of natural disasters, and victims of violent crime.   PTSD can also be caused from those suffering work place injuries or being involved in traumatic work place incidents.  You do NOT necessarily need to sustain a physical injury in Minnesota to be found to have sustained an injury.  Individuals not infrequently experience "survivor's guilt" for remaining alive while others died. Causes of the symptoms of PTSD are the experiencing or witnessing of a stressor event involving death, serious injury or such threat to the self or others in a situation in which the individual felt intense fear, horror, or powerlessness.  Persons who are employed in occupations which expose them to violence firefighters, police officers, construction workers or disasters are also at risk.

The lawyers at Minnesota Disability and Atkinson Law Office have a combined experience of over 40 years working with injured and disabled individuals.  Both Tom and Kerry Atkinson have previously defended employers and insurers and now exclusively represent injured workers.  Our consultations are absolutely FREE.  Call today at 651-333-3636 for a free consultation.  Remember there is never a fee unless we recover benefits for you.  Also visit us at www.mndisability.com 

Minnesota Workers Compensation Mental Health Injury Benefits Expand In 2013.

A bill was signed by Gov. Dayton on May 16, 2013 that has changed the way workers' compensation claims have been handled for over three decades.  Minnesota now allows mental-mental injuries involving PTSD or post traumatic stress disorders.  This means that you do NOT need a physical injury in all cases to have a work related injury.  If your medical doctor or psychologist diagnosis's that you have suffered a work related mental health injury in the nature of PTSD, you may be entitled to wage loss benefits, free medical care, and in some cases even free retraining benefits.  

The new law however is very specific as to what is and what is not covered.  The definition of an occupational disease was revised to include mental impairment. Mental impairment is defined as post-traumatic stress disorder diagnosed by a licensed psychiatrist or psychologist.  The statute states that for the purpose of workers’ compensation, "post-traumatic stress disorder" means the condition as described in the Diagnosis and Statistical Manual of Mental Disorders. 

At Atkinson Law Office, P.A. and Minnesota Disability, we represent injured workers with Minnesota workers' compensation injuries every day.  Every year we recover millions of dollars in benefits for injured workers; including medical, wage loss, retraining assistance and monetary benefits for permanent injuries.  Though attorneys Thomas Atkinson and Kerry Atkinson will litigate your matter on your behalf, we have a team approach in assuring we stay on top of your case day in and day out.

Contact Atkinson Law Office and Minnesota Disability today at 651-333-3636 and visit our website for more information.  You can also submit your questions online by following this link.  Remember your consultation is FREE and there is never a fee until we recover benefits for you.