Home » Workers’ Comp lawyer and Mental Health

When most people think of workers’ compensation, they often imagine physical injuries resulting from accidents in the workplace. However, psychological injuries are just as real and can have significant impacts on an individual’s ability to work and live a normal life. At Kirkpatrick Law, we understand the complexities surrounding mental health in the context of workers’ compensation. This blog post aims to shed light on the issue, exploring how psychological injuries are recognized and addressed within the workers’ compensation framework, especially for those hurt at work in Illinois.

Understanding Psychological Injuries

Psychological injuries in the workplace can stem from various sources, including traumatic events, chronic stress, or harassment. Unlike physical injuries, which are often visible and easier to diagnose, psychological injuries require a nuanced approach for identification and treatment. Common types of psychological injuries that can qualify for workers’ compensation include:

  • Post-Traumatic Stress Disorder (PTSD): Often arising from witnessing or experiencing a traumatic event at work.
  • Anxiety and Depression: Resulting from prolonged stress, hostile work environments, or chronic workload pressures.
  • Adjustment Disorders: Emotional and behavioral symptoms in response to significant work-related changes or stressors.

Legal Recognition of Psychological Injuries

In Illinois, workers’ compensation law recognizes psychological injuries, but proving these claims can be challenging. The key is demonstrating that the mental health condition is directly related to work. This requires thorough documentation and often the expertise of a workers comp lawyer. At Kirkpatrick Law, we specialize in navigating these complex cases to ensure that our clients receive the compensation they deserve.

The Claims Process for Psychological Injuries

Filing a workers’ compensation claim for a psychological injury involves several steps:

  1. Report the Injury: Just like with physical injuries, it’s crucial to report the psychological injury to your employer as soon as possible. Delays can complicate the claim process.
  2. Seek Medical Treatment: Obtaining a diagnosis from a licensed mental health professional is essential. This not only helps in recovery but also serves as critical evidence for your claim.
  3. Documentation: Keeping detailed records of symptoms, treatment, and how the injury affects your daily life and work is vital. This includes medical reports, therapy notes, and any communication with your employer regarding the injury.
  4. File the Claim: With the help of a workers comp attorney in Belleville, you can file your claim with the Illinois Workers’ Compensation Commission. The process includes submitting all relevant documentation and, if necessary, attending hearings to present your case.

Challenges in Proving Psychological Injuries

Injury at work. Factory worker fell down and injured shoulder at work.

One of the significant hurdles in psychological injury claims is proving that the injury is work-related. Employers and insurance companies may dispute the claim, arguing that the mental health condition pre-existed or is unrelated to work. This is where the expertise of a workers comp lawyer becomes invaluable. At Kirkpatrick Law, we meticulously gather evidence, including:

  • Medical records and expert testimony from mental health professionals.
  • Statements from coworkers or witnesses who can attest to the work conditions or events leading to the injury.
  • Historical data showing a lack of prior mental health issues.

The Role of a Workers Comp Lawyer

Navigating the intricacies of workers’ compensation law, especially for psychological injuries, requires specialized knowledge and experience. A workers comp attorney in Belleville can provide:

  • Expert Legal Advice: Understanding the legal framework and requirements for proving a psychological injury claim.
  • Comprehensive Case Management: Handling all aspects of the claim, from filing paperwork to representing you in hearings.
  • Advocacy and Support: Ensuring that your rights are protected and that you receive fair compensation for your injury.

Case Studies: Success Stories

To illustrate the impact of effective legal representation, consider the following cases handled by Kirkpatrick Law:

  • Case 1: An employee witnessed a fatal accident at a construction site, leading to severe PTSD. Initially, the employer’s insurance denied the claim, arguing that the PTSD was due to pre-existing conditions. Through thorough documentation and expert testimony, we successfully proved the direct link between the traumatic event and the PTSD, securing full benefits for the employee.
  • Case 2: A nurse faced ongoing harassment from a superior, resulting in severe anxiety and depression. Despite resistance from the employer, we gathered substantial evidence, including witness statements and medical records, to demonstrate the hostile work environment’s impact on our client’s mental health. The case concluded with a favorable settlement.

Preventive Measures and Employer Responsibilities

While legal remedies are available, prevention is always better than cure. Employers have a responsibility to foster a safe and supportive work environment. Measures to prevent psychological injuries include:

  • Implementing Stress Management Programs: Providing resources and support for employees to manage stress effectively.
  • Promoting a Positive Work Culture: Encouraging open communication and addressing issues like harassment and bullying promptly.
  • Regular Training and Education: Equipping employees and managers with the knowledge to recognize and address mental health issues.


Psychological injuries are a critical yet often overlooked aspect of workers’ compensation. At Kirkpatrick Law, we are dedicated to advocating for employees hurt at work in Illinois, ensuring that mental health receives the same attention and care as physical health. If you or someone you know is struggling with a psychological injury related to work, don’t hesitate to reach out to a workers comp attorney in Belleville. We are here to help you navigate the complexities of your claim and secure the compensation you deserve.