Since October 1, 2013, workers who have developed PTSD, or Post-Traumatic Stress Disorder, as a result of exposure to traumatic events while in the course and scope of their employment are entitled to workers’ compensation benefits in the state of Minnesota. Many of our clients with PTSD are police officers, state troopers, corrections officers, deputy sheriffs, 911 dispatchers, and firefighters.

Despite, that an employee may have been diagnosed with Post-Traumatic Stress Disorder by a licensed psychiatrist or psychologist and the treating physician determined that the employee developed PTSD as a result of traumatic work-related exposure or exposures, most work comp insurance companies will deny PTSD claims.

If a work comp insurance company denies your PTSD claim you should immediately consult with an attorney to bring a claim petition on your behalf.

Top Reasons Work Comp Insurance Companies Deny PTSD Claims

1. The date of the injury is before October 1, 2013

Many adjusters are not familiar with the new law and the correct application of the law. If a police officer, firefighter, corrections officer, or 911 dispatcher witnessed or experienced a specific traumatic event before October 1, 2013, insurance companies typically deny primary liability of the claim. Even if the traumatic event did take place before October 1, 2013, the applicable date of injury used to determine compensable claims is the date the employee became disabled as a result of the condition.

A deposition is an informal question and answer session that typically takes place outside of the courtroom at one of the attorneys’ offices. It is taken under oath and there is a court reporter present, who records everything that is said by both the person being deposed and the attorneys present. A deposition is used to gather information as a part of the discovery process. In the context of a Minnesota workers’ compensation claim, an injured worker typically must submit to a deposition requested by the attorney representing the employer/insurer. During the deposition, all parties may question the witness; however, lawyers are not allowed to coach their clients’ testimony. Additionally, attorneys are limited in their ability to object during discovery depositions, and will typically step in only when a question is confusing, inappropriate, or completely outside the scope of the matter being litigated.

As an injured employee in a workers’ compensation deposition, there are a few things that you should expect to be asked by opposing counsel (i.e., the attorney for your employer and its insurance company). During every deposition I’ve attended my client (i.e., the injured worker) has been asked about his or her past and present health care treatment. This involves reviewing all of the facilities you’ve been treated at for your work injury, determining what types of treatment you’ve undergone, discussing your present physical restrictions and symptoms, and determining what has been recommended for future treatment. In addition to this, most defense attorneys will ask an injured worker about any other injuries they’ve sustained or conditions they’ve developed while doing work for the present employer and past employers. They’ll ask about injuries sustained in car accidents, major surgeries, chronic health issues, and about recreational sports that may have caused injuries.

When a third-party causes an employee’s injury and that injury arises out of the course and scope of the employment with the employer, then the employee may have a worker’s compensation claim as well as a civil claim arising out of the same incident that caused the employee’s injury.
Under the Minnesota Worker’s Compensation Act, specifically Minnesota Statute § 176.061, the employer’s work comp insurance carrier may recover benefits paid on behalf of the injured employer, if the employee was injured by a negligent third-party. The work comp insurance carrier’s subrogation interest is based on the theory is that the negligent third-party bears the ultimate responsibility for the employee’s injury.

Typically, third-party claims arise out of workers’ compensation claims that involve car accidents, construction accidents, or injuries or accidents that occur on the premise of a party other than the employer. Police and firefighters are not barred from bringing third-party claims against negligent third-parties if they become injured while on duty.

These claims are complex and if the parties fail to properly address the intervention issues, then they may not recover the full amount owed.

Party 1: The Injured Employee

The injured employee can recover from the employer and the defendant:
(1) workers’ compensation benefits
(2) civil damages

Civil damages go above and beyond workers’ compensation benefits and include pain and suffering as well as other monetary damages for which the Workers’ Compensation Act does not account.

Average Weekly Wage (AWW) is the rate used to determine compensation in the Minnesota work comp system, including temporary total, temporary partial, and permanent total disability benefits. You may see your average weekly wage displayed on your First Report of Injury, Notice of Benefits Paid, or Notice of Primary Liability Determination.
In the Minnesota workers’ compensation system the date of an injured employee’s injury is a controlling event. Because the work comp laws have changed from year to year, the courts look at the law in effect at the time of the injury. Therefore, the law in effect at the time of the injury affects the amount and type of benefits available to the injured employee. Thus, an injured employee’s average weekly wage is determined by what he or she was earning at the time of the injury.

An employee’s average weekly wage is calculated by averaging an employee’s gross weekly pay for the 26 weeks preceding the date of injury. Adjusters and insurance company frequently miscalculate this amount and therefore, employees may not be receiving the full amount of wage loss benefits he or she is owed.