Depression

The issue of depression presents two major features in the area of workers’ compensation. The first, and most common, is where depression arises from a physical work injury. The second is where a mental injury stands alone, without any sort of physical injury, to produce a work injury.

In cases where there is a severe work injury, and loss of employment, it is not unusual for an injured worker to develop depression. Many times the depression is not recognized for some period of time. It is important that an injured worker who feels they may be becoming depressed discuss these issues with a physician. The best resource may be a family doctor. Depression can have a significant impact on the outcome of a workers’ compensation claim. If the depression is chronic, it can interfere significantly with the injured worker’s ability to return to any sort of gainful employment. An injured worker should not hesitate to bring issues with respect to depression to a doctor’s attention immediately. Depression determined as permanent is compensated on the basis of industrial disability. So if the original work injury is a scheduled claim (see discussions under "Arms/Hands or Knees/Feet") and the injured worker develops chronic depression, the claim is likely to be compensated on the basis of industrial disability. (For a better understanding of industrial disability, see discussion in "Neck/Back; Shoulder; or Hip.")

With respect to a workers’ compensation claim that is based solely on a mental injury, this type of claim presents unique issues. Our courts have established certain criteria that differ from a physical injury in order to prove a mental injury is work-related. This type of injury would generally be in the form of depression. The depression can develop from an acute event, such as a stressful experience as a convenience store clerk being subject to a robbery, or depression that is brought about by unusual stress at the workplace. The unusual stress at the workplace must be different than what similarly situated co-employees experience. In other words, a situation where an employee is singled out by a supervisor and subject to an unusual type of stressful events. The purely mental injury requires both medical causation, where a doctor establishes a relationship between the depression and work events, and legal causation, and this is where the issue of unusual stress is a component.

Issues surrounding depression can become an extremely important factor in the outcome of a workers’ compensation claim. These are issues that aside from the physician’s role, an attorney can best assess to make sure medical coverage is provided and an appropriate outcome is successfully obtained.

The attorneys at Wertz & Dake have extensive experience with these issues and can provide exceptional advice and representation for an injured worker with depression.