Illinois Workers’ Compensation law does allow for recovery for mental injuries on the job.
However, it is very restrictive.
For instance, mental stress from your job activities such as teaching or having to produce 600 widgets per day is not recognized as a workers’ compensation injury. The theory is that it would open the door for too many claims.
Illinois law does allow for mental injuries that are closely related to a physical injury.
Such as a back injury that causes chronic pain and depression results. You would have to prove that you are seeing a psychiatrist who diagnoses you with depression related to the ongoing back pain.
Another type of mental injury recognized is a condition that results from a shocking event you witnessed or were involved in, even though you were not physically injured.
Some examples are standing next to a person who has her hand amputated at work. Or riding with a co-worker who is killed in an automobile crash.
Another example is being robbed and developing post-traumatic stress disorder as a result.
The thing to remember is that you need to seek mental health treatment right away to document your problems and to help you deal with the depression or PTSD.
The mental injury cases require the same proof as a physical injury case, but you will need counseling records and psychiatric records and the testimony of your psychiatrist.
Questions about a possible mental injury? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.