I feel depressed after my work accident. What can I do?
As work accident injuring a worker can be one of the most traumatic events a person can experience.
The New Mexico Workers' Compensation Act, the Act, recognizes this and provides medical and money benefits for an injured worker suffering from psychological injuries, conditions or symptoms. See Section 52-1-24 of the Act which defines primary and mental impairments.
- "primary mental impairment" means a mental illness arising from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and consists of a psychologically traumatic event that is generally outside of a worker's usual experience and would evoke significant symptoms of distress in a worker in similar circumstances, but is not an event in connection with disciplinary, corrective or job evaluation action or cessation of the worker's employment...
NM Stat. 52-1-24 Impairment; definition (New Mexico Statutes (2023 Edition)) - "'secondary mental impairment' means a mental illness resulting from a physical impairment caused by an accidental injury arising out of and in the course of employment." NM Stat. 52-1-24 Impairment; definition (New Mexico Statutes (2023 Edition))
Our self-worth and confidence are often intimately tied to our jobs and the work we do. A work injury, even a minor one, that interrupts our ability to work can quickly undermine an injured worker's self-worth and confidence and cause depression, anxiety and other psychological injuries, conditions and symptoms.
Psychological injuries can be caused by the following:
- Interruption or loss of wages.
- The injury itself can cause depression, anxiety, and other psychological injuries, conditions and symptoms. This is especially true If you've suffered a catastrophic injury such as an amputation or paralysis, or the injury becomes chronic. Psychological treatment should be part of your treatment from the very start, and it is very likely you will need regular psychological treatment in the future to maintain and/or continue your recovery.
- Witnessing a traumatic event at work can cause depression, anxiety, and other psychological injuries
If you're physically injured and/or witnessed a traumatic event at work, you need to monitor yourself to see if you're exhibiting symptoms of a psychological injury right away. If you're unsure, you must speak to your doctor or doctors about how you're feeling. It's usually better to start psychological treatment sooner than later for a quicker recovery and to minimize the chance the workers' compensation insurer will deny your psychological treatment.
Sometimes, depression, anxiety, and other psychological injuries are delayed and do not appear right away. This often happens especially if the treatment takes a long and/or the injuries become chronic. Once again, if you think you are experiencing psychological symptoms, speak with your workers' compensation doctor who is treating your physical injuries ASAP.
In most cases, you will need a diagnosis of a psychological injury, condition or symptom by your workers' compensation doctor AND a WRITTEN referral to a psychological doctor for evaluation and treatment.
As I've said before, it's best to contact a workers compensation lawyer ASAP after the work injury. A workers' compensation lawyer can evaluate your case and, among other things, determine if you're getting the right medical benefits.
I have over 30 years representing injured workers.
Therefore, I have the necessary experience and knowledge to help injured workers with all types of work injuries, including catastrophic and chronic injuries, get the medical and psychological treatment they require and are entitled to.
Call me at 505 292-8836 or email me at [email protected].