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Jackson & New Orleans Workers' Compensation / Blog / Workers Compensation / Is My Mental Injury Covered by The Louisiana Workers’ Compensation Act? Find Out the Basics of When it Comes to Workplace Injuries Covered by Louisiana Workers’ Compensation Laws

Is My Mental Injury Covered by The Louisiana Workers’ Compensation Act? Find Out the Basics of When it Comes to Workplace Injuries Covered by Louisiana Workers’ Compensation Laws

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When we think of a workplace accident leading to a serious workplace injury, we most likely think about a catastrophic workplace accident leading to a physical injury, such as a fall from heights on a construction worksite, leading to broken limbs, or a burn from an industrial stove in a restaurant kitchen. The truth of the matter is, however, that not all injuries are physical in nature, and some terrible and disabling injuries might affect our mental health and wellness, not just our physical body. With that said, many Louisiana workers may wonder whether they are covered by Louisiana workers’ compensation laws if they suffer an on-the-job mental injury in the workplace. To help Louisiana workers who have suffered from mental injuries on the job, we discuss this important topic in this article, as well as what injured Louisiana workers can do if they need legal help with obtaining Louisiana workers’ compensation benefits.

Mental Injuries Covered by Louisiana Workers’ Compensation Laws

Louisiana workers who have suffered on-the-job mental injuries may be relieved to learn that Louisiana workers’ compensation laws do cover some workplace mental injuries. According to the Louisiana Workforce Commission, “The [Louisiana Workers’ Compensation Act] law covers both mental and physical injuries from either accidents or occupational diseases. However, a mental injury must be the result of a physical injury or of a sudden, unexpected and extraordinary stress related to the employment and in either case must be proved by clear and convincing evidence.” In addition, the Commission goes on to explain that, “An accident is defined by the Louisiana Workers’ Compensation Act as an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. An occupational disease is defined by the Louisiana Workers’ Compensation Act as only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease.” Simply put, mental health injuries may be covered under Louisiana workers’ compensation laws, but they must meet the threshold eligibility requirements of being work-related, occupational in nature, and must have been caused by a physical injury or sudden and unexpected work stressor or accident, along with other criteria.

Legal Help for Louisiana Workers Injured On the Job

If you were injured due to a workplace accident in Louisiana, it is important to learn about your rights and options to Louisiana workers’ compensation benefits as soon as possible. The experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC are here to help Louisiana workers get important Louisiana workers’ compensation benefits due to them. Contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC today and speak to a lawyer about your rights and options now.

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