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Claiming emotional distress after a workplace injury

When a person suffers an injury in the workplace, or anywhere else for that matter, there is a significant chance that he or she may suffer some form of emotional distress as a result. Unfortunately, emotional distress often gets lumped in with frivolous claims, and may not seem like a "real" claim to the party responsible for damages, such as an employer's insurer. While it is possible to receive fair compensation for emotional distress after workplace injury, the victim of the injury must make a convincing case based on a number of possible factors.

If you believe that your workplace injury resulted in emotional distress, it is wise to consider the physical effects of this distress, as this will be the easiest way to demonstrate its severity. You may point to ongoing pain from an injury, or to headaches and ulcers that may derive from the distress.

You should also consider the intensity of the distress and how long it persists, or whether it comes and goes or is ongoing. If your distress lasts for months, rather than mere days, it is plain to see how that may make for a stronger component of your injury claim.

You may also seek official documentation from your doctor. Many medical care providers understand that emotional distress is a real problem and are willing to speak out on your behalf to legitimize your experience to those who might question it.

It is also important to understand your rights and what you can reasonably expect from a workplace injury claim. Professional legal counsel from an injury attorney can help you examine every side of your injury experience and build a comprehensive claim that acknowledges all aspects of your suffering.

Source: FindLaw, "5 Ways to Prove Emotional Distress," accessed Jan. 19, 2018

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Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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