What is workers’ compensation?
Workers’ compensation benefits
Workers’ compensation claims process
Do I need an attorney? Common situations
How is a WC settlement determined?
Other topics
Ohio does not allow for workers’ compensation benefits if a psychological and/or mental health condition arises solely from routine job-related stress. Further, Ohio does not directly cover job-related stress, anxiety, depression, or post-traumatic stress disorder (PTSD) that arise in the absence of a physical work injury.
While all work-related mental health issues are serious, not all are covered by Ohio’s workers' compensation. Unlike physical injuries that occur at work, mental health injuries, such as depression or anxiety, can be harder to measure objectively or to prove are work-related. For these reasons, Ohio does not allow workers' comp coverage for purely psychological injuries in the absence of any physical harm. Put another way, if you suffer from a mental health condition caused by work stress, but did not suffer a physical injury, you're generally not entitled to recover workers' compensation benefits in Ohio.
Ohio law gives workers the right to seek benefits for a psychological injury in two specific circumstances:
(1) When your mental health condition was caused by a work-related physical injury or occupational disease (e.g., an employee falls off a ladder at work, sustains serious back injuries, and develops severe depression as a result); or
(2) When you are a first responder who suffers from work-related post-traumatic stress disorder (PTSD), even if you haven't sustained a physical injury.
Even if you are not a first responder, you can obtain a claim for PTSD that resulted from the claim’s physical injuries (i.e.,a worker that is involved in a car accident while driving for work and suffers serious physical injuries, which, in turn, cause PTSD).
To prove this type of claim you must:
(1) Show that your mental health condition stems from your work-related physical injury, rather than from some other cause;
(2) Show that the injury/condition/disease is diagnosed by a licensed mental health professional.
(3) Show that the work environment was so stressful that it caused physical symptoms or manifestations of mental health or psychological injury or illness (i.e., headaches, sickness).
It is also important to note that there is a distinction between a mental health condition or injury that is brought on by a singular work injury or incident, and a situation in which there is an exacerbation of an existing psychological or mental health condition or disorder. It is more difficult to prove that the mental health injury occurred as a result of a work injury, when there is a prior history of mental health or psychological issues and/or treatment.
Compensation for First Responders Suffering From PTSD
Recognizing that first responders often are routinely faced with traumatic events as part of their employment, Ohio has a law in place that allows for workers’ compensation-like benefits for first responders that suffer from work-related PTSD, even in the absence of a physical injury. The law applies to police officers, firefighters, and EMTs. It requires that the injured worker show they have been diagnosed with PTSD and that the condition arose out of, or was sustained in the course of, his or her employment. These PTSD claims for first responders are not overseen by the Ohio Bureau of Workers’ Compensation. Although not technically workers’ compensation claims, they provide similar benefits. Also note thatEmployers are prohibited from retaliating against an employee for filing or pursuing a PTSD claim.
Other Legal Remedies for Workplace Mental Health Issues
Just because you don't qualify for workers' comp benefits inOhio, does not mean you have no legal remedies or assistance in the case of a work-related mental health or psychological injury. You may be able to receive unpaid leave and job protection under the Family andMedical Leave Act (FMLA). If you meet the definition of disability under theAmericans with Disabilities Act (ADA), you may be entitled to work accommodations from your employer so that you perform your job with your disability. Finally, if your mental health injury is severe enough to prohibit work permanently you may be entitled to SocialSecurity disability benefits.
