The Workers’ Compensation law allows for an employee who suffers an emotional event, or series of events, that are not deemed to be “bona fide” personnel actions to receive weekly benefits due to disability stemming from the Employer’s actions.
Generally, a “bone fide” personnel action is defined as a transfer, promotion, demotion or termination except such action which is the intentional infliction of emotional harm. This definition is not all inclusive. Whether the events leading to your disability are exempt from this definition will require a decision by an administrative judge. Having a lawyer in this situation is essential.
In addition to weekly benefits stemming from an emotional work injury, the law also permits you to recover loss of function benefits. If your emotional injury is secondary to a physical injury, your loss of function benefits will be directly tied to the physical injury. If however, your entitlement to weekly benefits stems from a purely emotional injury, you may be entitled to loss of function benefits based on your loss of psychiatric function.
The lawyers at WorkerCompAttorney.com are available to answer any and all questions you may have.
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