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Obtaining workers’ compensation for depression

April 01, 2022
Workers' compensation for depression

Many New Jersey workers have suffered from depression that was so intense that the person could not return to work. In such situations, the victim of depression often wonders whether he or she can obtain workers’ compensation for the depressive episode and loss of income. In past years, depression was often dismissed as “just feeling blue.” Fortunately, modern medicine and psychiatry have improved society’s understanding of depression. We now accept depression as a genuine mental state with real physical, neurological, and physical symptoms. For that reason, depression be the basis for a workers’ compensation claim if the victim can submit the required evidence to support the claim.

Proving causation

The worker who seeks workers’ compensation benefits for depression must first prove that the depression was caused by a work-related condition. In New Jersey, “causation” is generally interpreted to mean “reasonably incident to the claimant’s work conditions.” Proof of causation will require the testimony of an expert. In cases of disability caused by stress or depression, this evidence will usually be given by a psychologist or psychiatrist. An expert in workplace conditions may also testify to support the allegation that certain job-related conditions, such as loud repetitive noise or risk of serious injury, can cause job-related depression. These experts may also be required to testify concerning the extent of the depression – is it likely to be short-term or long-term, perhaps permanent?

Proving damages

The damages in workers’ compensation cases are set by statute as a percentage of the worker’s income prior to the injury.

Anyone who may want to pursue a claim for workers’ compensation benefits based upon work-related depression may wish to consult an experienced workers’ compensation attorney for an evaluation of the medical records and an opinion on the likelihood of recovering benefits.

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Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

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Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

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