A new law in Florida highlights the difference in how Texas and Florida have handled workers compensation claims that relate to mental trauma injuries such as post-traumatic stress disorder (PTSD), depression, or anxiety.
Texas law has consistently been that such diagnoses are covered if they are related to a specific incident that is not part of a legitimate personnel action. For example, one could get a covered PTSD diagnosis from being involved in a severe accident, being assaulted, having one's life threatened, or watching a co-worker or victim sustain a serious injury or death. No physical injury apart from the mental trauma diagnosis was required.
Florida, however, required a distinct physical injury in order to get coverage for a work-related mental trauma.
Prior to the law’s passage, PTSD was only covered by worker’s comp if a mental injury was accompanied by a physical injury that required medical treatment.
This would mean that, for example, a co-worker who was robbed and beaten could have a compensable PTSD diagnosis, but one who had a gun pointed to her head and yet was not physically injured would have no claim.
This is obviously a hole in the law in Florida that is being, at least in part, rectified by this change. Texas employees should understand that, here in Texas, a mental trauma claim can be covered by workers compensation even when there is no distinct physical injury.
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