Montemaggi Law - Workers Compensation Attorneys

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19 Mar 2015

A Brief Explanation Of Mental Health Coverage Under Workers' Compensation in New York

Posted by Paul J. Antonowicz

Recently, changes were propsed to the Workers' Compensation system in Connecticut which would allow for coverage of PTSD for first responders.  It reminded me that we already have broader coverage for such injurioes in New York.

New York law allows for coverage of causally related mental health conditions with certain exceptions such as psychological conditions that result from normal workplace stress or lawful employment actions by an employer.

This means that if you witness a traumatic event or are assaulted or have legitimate mental health ramifications from a work injury or even suffer a purely mental health injury from harassment or some unusual or extreme event, it can be covered.  These types of cases are not easy to litigate and are usually fought by the employer and insurance company.

However if you suffer stress because your job is difficult or demanding or your boss is a little mean or you are legitimately disciplined or legitimately fired, you would not have a case.   The coverage is limited to try and weed out cases that are simply filed for spite or where the individual suffers from an underlying mental health condition.