Legal Question in Workers Comp in Pennsylvania

PTSD could be covered by work comp. Proving that mental injuries are work related is tricky b/c you have to prove that there was something distinctive about the work environment that caused the mental problem. In your friend's case, it sounds like that shouldn't be a problem. Feel free to call and discuss. Thank you.

Richard Senker (610) 279-1600

Collecting workers compensation for mental disabilities is difficult in Pennsylvania. Such claims are universally denied by the workers compensation carrier. They must be presented to a workers compensation judge and litigated. It can take between 6 to 9 months to complete the litigation of such a case. Often, it takes longer because of the complexity of these cases.

In what Pennsylvania law refers to as a mental/mental claim, one must establish that the mental disability has arisen from "abnormal circumstances" that can be objectively verified. Depending upon the nature of your friends work, being attacked may or may not be viewed as "abnormal circumstances." For instance, being attacked would probably not be viewed as "abnormal circumstances" if she was a police officer.

In your friend's case, if she suffered recognizable physical injuries as a result of her attack, the standard of proof may be different, and, easier. Pennsylvania law refers to such cases as physical/mental claims. Proof of "abnormal work circumstances" is not required in such claims.

To learn even more about the hostility of the Pennsylvania workers compensation system towards mental health claims, please feel free to review my blog at www.paworkerscompensation-disability-lawyer.com. Good luck. If I can be of further assitance, feel free to call me at 610-584-9400.