If I Become Depressed Due To An Incident on the Job Can I Collect Workers’ Compensation Benefits?

Depression caused by an accident or incident on the job is usually compensable.  However, there must be a medical doctor or a licensed psychologist opinion that the depression was caused by the incident or accident.  You cannot claim you feel depressed without a professional opinion substantiating the claim of clinical depression.

For example, a new healthcare worker was asked to assist rescue workers with the recovery of bodies of a major airplane crash.  Several children on the plane were killed and their bodies were badly damaged. The healthcare worker had children the same age as some of the plane crash victims.  The healthcare worker was severely depressed after the incident and needed psychological counseling.  This type of treatment is usually compensable.

If an employee was injured on the job and lost an arm, this, too, would cause depression for most persons.  The counseling needed by this person is usually compensable as part of their medical expenses.

Again the key factors are the depression must be work related and there must be a professional clinical diagnosis of depression. This depression must be related to and caused by the employment of the person (employee).

If you think you may be suffering from depression from an incident that occurred while you were working, you should speak first with a health care professional. After you have received proper care, you should then speak with a workers’ compensation attorney to determine if the depression may be compensable under workers’ compensation laws.