Most work-related accidents cause physical injuries. You may break your leg or suffer burns. This is why you can’t do your work. You’re simply not able to do your job because you can’t physically do it.
However, some workers’ comp cases involve more than just physical injuries. In fact, most workers’ comp cases involve some element of a claim for psychological injuries. There are even cases that are based entirely on psych injuries.
What makes these cases hard is that it’s almost impossible to gauge psych injuries. It’s almost impossible to disprove that they exist. If a person insists they’re experiencing psychological trauma, who’s to say they’re lying?
The answer to this question is: your employer. Your employer will have an attorney representing them. They are going to argue that your injuries are not legitimate. It’s easy for them to make this claim when your injuries are mental.
Your Columbus workers’ compensation attorney in will have to fight to prove your mental injuries. There’s no guarantee that he’ll be successful.
How Do Columbus Workers’ Compensation Attorneys Prove Psych Injuries?
In order to prove psych injuries, your attorney is going to have to consult experts. Your employer will have their doctor review you. Their doctor is going to claim that you have absolutely nothing wrong with you.
Your doctor is likely going to say that you’ve suffered a total psychological injury. And, although your attorney selected this doctor, that doesn’t mean his opinion will trump. Your attorney will have to negotiate with your employer’s workers’ comp attorney to agree on a fair percentage.
Workers’ comp is all about percentages of disability. If you hurt your leg, your attorney will have to prove how bad you hurt your leg. Was it 100% disabled? Or, can you use it about 50%?
The same is true for your psych injuries. It can range anywhere from 0% to 100%. Just keep in mind, very rarely will this amount be very high. Especially if your accident involved mostly physical injuries.
Your Columbus Workers’ Compensation Lawyer Knows the Law in Georgia
Your Columbus workers’ compensation lawyer knows what kind of claims will be successful under workers’ comp. If you weren’t really hurt, there’s no point in trying to collect under workers’ comp. Your employer is going to want proof that you’re hurt. If he thinks you’re faking your injuries, he’ll advise the insurance company to deny the claim.
There are cases where psychological injuries exist. Some of the requirements of a psych claim include:
- Your psychiatric illness must be listed as a legitimate psychological issue
- The injury must be caused by your work-place accident
- The injury must be in good faith
- You didn’t have the issue before your accident
Just keep in mind, workers’ comp claims based solely on psych issues are almost always denied. They are very hard to prove. And employers know there is a high rate of fraudulent psych claims.
Your attorney will do his best, but know ahead of time that you’re fighting an uphill battle,
Your Columbus Workers’ Compensation Attorney Can Argue a Psych Claim in Addition to Your Physical Injuries
Just because it’s hard to prove a psych claim doesn’t mean it can’t be done. Your Columbus workers’ compensation attorney can always argue that you suffered a psych issue on top of your physical injuries. This will increase the amount of your settlement.
Some things that can cause a psych element to your claim are:
- Social Withdrawal
- Emotional Distress
And, although these things can be legitimate, employers often doubt how true they are. Anyone can say they’re suffering from these issues. How do you prove it isn’t true?
What typically happens is your attorney will negotiate a settlement of your claim with the insurance company. They may agree to meet in the middle. Or, the insurance company offers to add a few thousand dollars to the settlement to account for any psych issues.
Your Columbus workers’ compensation attorney will probably suggest that you accept this offer. Proving psych issues in court is near impossible. Juries are naturally suspicious of them.
You don’t want to jeopardize your entire settlement over a psych claim. However, if you are legitimately suffering psychologically, your attorney can stand his ground.
Contact a Columbus Workers’ Compensation Lawyer
If you’ve been hurt at work, you need to call a Columbus workers’ compensation lawyer. Your attorney can make sure your claim is handled right from start to finish. He can also negotiate with your employer to negotiate a settlement.
Call and schedule your free initial consultation. You get a chance to meet with an experienced attorney. And you pay nothing until you settle your case.