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June is PTSD Awareness Month. Post-traumatic stress disorder is a mental health condition that affects certain individuals who have survived traumatic experiences and find themselves unable to recover from those traumas. PTSD can also be part of personal injury and workers' compensation cases; below is a brief introduction to the topic and two notable cases.

PTSD, Personal Injury, & Workers' Comp

personal injuryNot all injuries leave physical scars. Emotional scars can be just as difficult to address, treat, and heal, if not more complicated. If you've experienced PTSD from a personal injury or through workplace exposure, there is no hard and fast rule regarding your right to compensation. The details of each case will be considered by either the judge/jury or the workers' comp board, and state and local laws may also play a role. One way to establish the presence of PTSD is to ensure it is accurately documented in your medical records; be sure you are seeing a qualified psychotherapist who can make an accurate diagnosis and follow (and document) your recovery.

PTSD in an Auto Accident Case

In 2001, a 14-year-old passenger hit her head on the windshield when her mother's car was hit by another vehicle in the Boston area. The trauma of this experience stayed with the girl, seriously impeding her ability to live and enjoy her life. Her lawyer argued that 9 percent of all auto accident victims suffer PTSD, and his client was one such victim. The courts agreed: the plaintiff was awarded $150,000 in damages.

PTSD in a Workers' Comp Case

In 2016, a first responder was called to the scene of the horrific Pulse nightclub shooting in Orlando, Florida. As part of a hazmat team, he carried the bodies of the dead out of the nightclub. This task caused the worker PTSD, and he became unable to work and support his family. He mounted a workers' compensation case, but his request was denied; Florida law does not recognize psychological trauma as a compensable damage.

 

If you're experiencing PTSD as a result of a personal injury or workplace incident, contact the workers' comp attorneys at Coyne, Cundiff & Hillemann, P.C., in Lake St. Louis, Missouri. Call (636) 561-5599, visit their website, or connect with them on Facebook or Twitter to schedule a free consultation. If PTSD is a factor in your legal claim, you may be able to seek compensation for your pain and suffering.

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