Legal Question in Workers Comp in Arizona
Types of Injuries
A person is at work and is shot at by some bystander. They receive minor physical injuries from shatered glass injuries but experience psychological trauma from the assault. The employer says the physical injuries are covered under workmans comp but the acute stress reaction as a direct result pf the event- with extreme anxiety, sleeplessness, hypervigilance, flashbacks are not covered even though they require counseling and medication from a Psychiatrist.Is this true or shold they seek counsel?
1 Answer from Attorneys
Re: Types of Injuries
The legal standard is different for "pure" psychological injuries than for physical injuries with secondary psychological injury (your case.) These conditions and the treatment are probably covered under the general compensation statute, and you are probably entitled to the benefits.
Even if you had no physical injury, however, your experience was dangerous enough to cause Post-Traumatic Stress Disorder or a similar condition, and that is also compensable under Arizona law.
You've mentioned the employer, but it should be the industrial carrier making this decision. They should know the law better than the employer. Carriers do, however, psychological injury claims, and you're likely to encounter resistance from them, as well.
Consulting with counsel is probably a good idea. I provide initial phone consultations without charge, so feel free to give me a call at 602-253-1789 or 800-863-4449.
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