Does Workers’ Compensation Cover Mental Health Appointments in FL?

Workplace injuries are not only physical. Mental injuries are also common. Our Pasco County workers’ comp lawyer explains when you are entitled to compensation.

Even with all the awareness campaigns today, people are still hesitant to see mental injuries the same way they view physical injuries. This is perhaps no more apparent than in Florida’sworkers’ compensation system. If you have suffered a mental injury at work that requires you to attend mental health appointments, you may be able to file a claim for workers’ compensation benefits. The law, unfortunately, is not so straightforward. Below, our Pasco County workers’ compensation lawyer explains when you are eligible for benefits.

Workers’ Compensation and Mental Health Injuries

The section of Florida law that covers mental health injuries and workers’ compensation isChapter 440.093 of Title XXXI. Under this law, employees can only file a claim for mental injuries if their mental injury was related to a physical work-related injury. Essentially, the law states that if a worker suffers only from a mental injury, it is not considered a work-related injury.

Likewise, you also cannot receive benefits for a mental health injury that causes a physical injury, unless you require treatment for the physical injury. For example, you may be under a great deal of stress while you are at work. That is a mental injury.

On its own, you may not be eligible for workers’ compensation benefits for that stress. The stress may become so great, however, that you develop a high blood pressure condition. Then you may file a workers’ compensation claim, but only if your high blood pressure requires treatment, which may include doctor’s appointments and medication costs. If you have to attend mental health appointments as part of that treatment, you can then include those costs in your workers’ compensation claim.

The 50% Rule

To make it even more challenging for workers to claim benefits for their mental health appointments, Florida law also has a 50% rule. This rule states that the physical injury must be at least 50% responsible for the mental health injury. Benefits are not available for the psychological, mental, or emotional injury that is a result of depression caused by an inability to work, or that result from a pre-existing psychological, mental, or emotional condition. Compensation is also not payable for pain and other subjective complaints that are not substantiated by an objective party.

Our Workers’ Comp Lawyer in Pasco County Can Help With Your Claim

If you have suffered a mental injury from being hurt on the job, you may be able to file a claim for workers’ compensation. Claims involving mental health are extremely challenging though, and you should not file on your own. At Rooth Law Firm, ourPasco County workers’ compensation lawyer has the necessary experience to overcome the challenges these claims present so you claim the full benefits you deserve. Call us today at 727-849-3400 or contact us online to learn more about how we can help.