For more than three decades, Minnesota residents suffering from mental injuries, specifically Post Traumatic Stress Disorder (PTSD) did not have any hope of receiving workers' compensation. They could not focus on their work. They made unintentional mistakes. As their condition worsened, they ran the risk of losing their job.
For those unable to hold a job and not qualify for workers' comp because of PTSD, May 16, 2013, represented a long-awaited victory. On that day, Governor Mark Dayton signed a bill that represented the most substantive changes since 1992. PTSD occurring on or after October 1, 2013, became compensable under Minnesota workers' compensation laws. The listing of qualifying occupational diseases expanded to include "diagnosis of post traumatic stress disorder by a licensed psychiatrist or psychologist."
Qualifications to the new laws exist. Employers can still make staffing decisions without fear of a traumatized employee pursuing workers' compensation benefits. PTSD resulting from work-related disciplinary action, periodic evaluations, transfers, demotions, promotions, or jobs ending through retirement, layoff or termination is not compensable.
Considered a limited exception, challenges exist in securing workers' compensation benefits because of PTSD. The changes in the law do not mean that benefits are automatic. A significant amount of evidence is vital to provide the tangible proof that compromised mental health resulted from an incident at work. Applications must be filled out completely and accurately.
Your claim may receive an initial rejection. However, the process does not end there. An attorney at Fellman Law Office will tailor strategies based on your specific case to secure the compensation you are entitled to under existing Minnesota law.