Psychiatric injuries, which include anxiety, depression, chronic pain syndrome, and other emotional overlay injuries are compensable injuries through the Ohio BWC. However, they must be result as a flow through condition from the physical injury allowed in a workers' compensation claim. If you think you suffer from an emotional injury component as a result of your workers' compensation injury, you should consult with an experienced workers' compensation attorney.
Under Ohio Law, the injured worker has the burden of proof (more probable than not) to establish psychiatric/psychological conditions in his/her claim. Furthermore, the psychiatric/psychological condition(s) must be related to the allowed physical condition(s) in the claim. The term is called a 'flow-through' injury, the depression was caused or flowed from the physical injury.
Generally, claims may have psychological/psychiatric conditions added only when the injured worker establishes that the psychological condition resulted from a compensable work-related physical injury. There are two exceptions: (1) For claims that meet the conditions under the Supreme Court case of Bailey v. Republic Engineered Steels, Inc., BWC allows coverage for employees who suffer from psychiatric/psychological conditions from witnessing another employee’s physical injury conditions. This applies for the period on or after February 7, 2001 through the date of the Senate Bill 7 Referendum or October 11, 2006. For Workers' Compensation injury claims occuring on and after October 25, 2006, the Ohio Legislature took away significant benefits for Ohio's Injured Workers. (2) Effective on and after October 11, 2006, pursuant to Senate Bill 7, a compensable injury includes a psychiatric condition sustained by the employee where the psychiatric condition has arisen from sexual conduct in which the individual was forced by threat of physical harm to engage or participate. This provision of the law, contained in O.R.C. 4123.01(C)(1), opened the door, in this instance only, for the initial allowance of emotional or stress claims absent a physical injury.
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