Depression is a common side effect of injuries. It can arise as a consequence of the injured person’s changed circumstances—lost enjoyment, sleep problems, diminished career prospects—or it can be a side effect of medications. Like any mental illness, depression can be a difficult condition to reliably prove and document for legal purposes. This includes incorporating it into a workers’ compensation claim.
A baseline requirement for an injury to be covered by workers’ compensation is that it must have arisen out of or in the course of the worker’s employment. When a person suffers mental health problems as a consequence of work-related events, establishing a causal link between work and the illness can take special care. In the case of depression, showing that it arose specifically because of work, or a work-related injury, may be challenging if the person also suffered depression for reasons having nothing to do with work. Someone with a history of depression may have a more difficult time getting coverage.
The problem of proof is an advantage for insurers, who will require injured workers to undergo “independent” evaluations that are often conducted by professionals who have a financial interest in making diagnoses that are favorable to the insurer. Unlike a broken bone, depression can’t be found in a scan or observed in a person’s physical movements. Instead, it has to be evaluated by questioning the patient and potentially the patient’s family members, and may be interpreted according to an evaluator’s subjective opinions.
The link between work and depression may be easier to establish if the worker suffering depression can point to a specific event that triggered it. If a physical injury at work leads to depression, that causal link may help. Depression that can be linked to a particular pain medication prescribed as part of a treatment plan may also be easier to link to work. Nevada law also has specific allowance for mental illness resulting from “extreme stress in times of danger” at work, which may apply if a worker suffers depression due to witnessing or suffering a particularly shocking circumstance on the job, such as a violent accident.
Someone suffering from depression in connection with a work-related incident should not be discouraged from exploring a workers’ compensation claim to cover treatment costs. At Greenman Goldberg Raby Martinez we have represented clients in workers’ compensation matters for more than 45 years. For a free attorney consultation about your circumstances call us today at 702-388-4476 or reach us through our contact page.