Pa Work Injury Lawyers- Mental and Physical Workers Compensation Claims

Date: January 23, 2013
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Injured workers in Pennsylvania can seek workers compensation benefits for psychological injuries. There are three categories: “physical/mental”- where a physical stimulus causes a mental injury; “mental/physical” – where a mental stimulus causes a physical injury; and “mental/mental”- where a mental stimulus causes a mental injury. Of the three categories, “mental/mental” injuries have the most rigorous burden of proof by requiring that the injured worker establish an “abnormal working condition”. If a workers’ compensation claimant is able to identify actual -not merely perceived or imagined- employment events which have precipitated  psychiatric injury, the claimant must also establish that the events were “abnormal” before he can recover. The question of whether the working conditions are abnormal is an issue that relates to the cause of the injury. Cases involving psychic injuries are highly fact-sensitive. Pennsylvania courts have determined the standard that for actual work conditions to be considered abnormal, they must be considered in the context of the specific employment.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com// or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.