When a person is physically injured at work, it is likely that they will receive worker’s compensation benefits. However, not all injuries are physical in nature. Psychological injuries can happen at work, and there is a large amount of variation in whether states provide worker’s compensation coverage for the three different categories of psychological workplace injuries.
Psychological injuries that occur in the workplace can be separated into three different categories. An injury that can be categorized as a physical/mental injury involves a physical injury or a disease related to the injured person’s occupation, as well as a psychological injury that is the result of that physical injury or illness. The second category of psychological workplace injuries are the mental/physical injuries, in which the psychological injury that occurs in the workplace causes a physical injury or condition that results in disability. The third category of psychological workplace injuries is the mental/mental injury category, which includes some type of stress or psychological event that happens in the workplace, after which the injured person experiences a psychological injury or mental health condition.
In Mississippi, workplace injuries that can be categorized as mental/mental cases are only compensable if the stimulus is unusual, that is, it is not something that a typical employee performing the same work as the party alleging the injury might expect to encounter during the course of their employment. A person who is pursuing a worker’s compensation claim for a mental/mental injury in Mississippi must prove by clear and convincing evidence that the mental injury resulted from an unusual occurrence. For mental/physical claims to be compensable in Mississippi, claimants do have to prove that the mental injury caused the physical injury, but there is no heightened burden of proof like there is for mental/mental injuries, nor is there a requirement that the mental injury come from an unusual stimulus. The same requirement of causation holds true for physical/mental injuries, and, as is the case with mental/physical injuries, there is no heightened burden of proof or requirement of an unusual stimulus.
Giddens Law Firm, P.A.: Representing Individuals Who Have Been Injured at Work in Mississippi
If you have been injured at work, you may be able to receive worker’s compensation benefits. Whether your injury is a physical injury, a physical injury which has led to a mental injury, a mental injury which has led to a physical injury, or even a mental injury which has led to a mental condition, the Mississippi Worker’s Compensation Attorneys of the Giddens Law Firm, P.A. may be able to to help you. Different types of injuries are treated differently under Mississippi law, as they are in many other states. An experienced worker’s compensation attorney understands the legal requirements for each type of claim, and they can help you understand the standards that are likely to apply to your claim, as well as answer any questions that you may have regarding worker’s compensation in Mississippi. Please call our office today, at (601) 355-2022, to learn more.