Are mental injuries or stress covered under Worker's Compensation?

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.

When we think of someone getting hurt on the job, we typically think of a physical injury to the body. Someone may fall or injure their back. The possibilities are endless. But what if you are injured mentally from an extraordinary circumstance at work? Is a mental injury covered under Worker’s Compensation in South Carolina?

The South Carolina Worker’s Compensation Act says that if an employee incurs mental injuries that are brought on by “emotional stimuli or stressors” that occur in the workplace, their injuries may be covered in addition to a physical injury.

Mental injuries are compensable if they are “induced by physical injury…or by unusual or extraordinary conditions of employment.” This test is used in other cases of injury that occur at work, like a heart attack or stroke. This means that stress that occurs from normal working conditions is not covered.

Therefore, if mental injury is caused by stress from an event or group of events that are standard conditions of employment, the injury will not be covered. Some standard events that are not considered extraordinary causes of stress include, but are not limited to: “work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner.”

Have You Been Injured On The Job And Need To File A Workers' Compensation Claim?

If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.248.7486 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

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