What benefits are provided under workers’ compensation for PTSD in Florida?

Hialeah Gardens, FL—Post-traumatic stress disorder (PTSD) is a mental health condition that develops in individuals who experience something traumatic.1 Individuals who suffer from PTSD may find it difficult to perform their usual day-to-day tasks as they might have flashbacks to the disturbing event or see things that remind them of it.

While there are plenty of jobs that can cause a person to suffer from PTSD, particularly those in law enforcement and the medical field, not all workers who develop this condition are covered by workers’ compensation.

 

What types of workers can obtain workers’ comp benefits for PTSD?

 

Under Florida law, only certain individuals are entitled to receive workers’ comp benefits for PTSD without having to show they suffered a physical injury. According to the Florida law that took effect in 2018, first responders can file a workers’ comp claim for PTSD if they:

  • Developed PTSD as a result of working.
  • Were examined and diagnosed with PTSD by a physician who has been authorized to treat them.

 

Some of the qualifying events that would allow for a first responder to be provided with workers’ comp benefits for PTSD include2:

  • Seeing a deceased minor.
  • Witnessing the death of a minor or the injury they sustained that later led to them passing away.
  • Seeing an individual who passed away as a result of serious bodily harm.
  • Witnessing a death caused by suicide or serious bodily harm.
  • Helping treat an individual who sustained a serious injury and later passed away.

 

The first responders that are covered by this Florida law include:

  • Law enforcement officers
  • Firefighters
  • Emergency medical technicians (EMT)
  • Paramedics

 

If a first responder would like to file a workers’ comp claim for PTSD, they are required to notify their employer of their condition within 90 days from the qualifying event or when they became aware of their condition. First responders who fail to file their claim within 52 weeks of the qualifying event are likely to lose their right to medical and indemnity benefits.

 

Can a worker in Hialeah Gardens, Florida recover workers’ comp benefits for PTSD if they also suffered a physical injury?

 

An individual other than a first responder may be entitled to obtain medical and wage replacement benefits for PTSD if they have an accompanying injury. Their employer and/or their insurance carrier should be able to clarify for them the types of injuries that are covered by workers’ comp and what they need to do to get a claim filed.

In the event a first responder or another type of employee has questions concerning workers’ comp benefits or believes their claim was wrongfully denied, they are invited to contact Mario Trespalacios P.A. Hialeah Gardens, FL workers’ compensation attorney Mario Trespalacios would be happy to discuss the steps that can be taken to get the issue resolved.

 

Mario Trespalacios P.A. can be contacted at:

 

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

 

Source:

  1. https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967
  2. https://www.flsenate.gov/Committees/billsummaries/2018/html/1851