Fighting Workers’ Compensation Claims for Psychiatric Disability
Once an employee is granted disability leave under a work-related mental health claim, it is unlikely that employee will ever return to that employment. Litigation of these cases tends to be lengthy, but the potential exposure of letting the claim go unchallenged is far greater.
The skilled lawyers of Walsh and Hacker can mount effective legal and factual defenses to mental health claims under New York State workers’ compensation. We have successfully thwarted “mental-mental” claims through trial and appeals, and in other cases we have helped clients avoid overpaying thousands of dollars in settlement of claims.
Our Albany-based firm provides aggressive workers’ compensation defense to employers, insurers and third-party administrators in the Capital District, Upstate and the Hudson Valley. Arrange a consultation at (518) 463-1269 or toll free (866) 240-3041.
New York Mental Health Claim Defense Attorneys
We know that employers and carriers are outraged when workers claim that they cannot work because of job-induced mental stress. We know that these cases are highly subjective and must be handled properly to raise statutory defenses and avoid claims of retaliation or bad faith denial.
Through Workers’ Compensation Law Judge (WCLJ) trials and Workers’ Compensation Board reviews, we have contested all types of psychiatric disability claims:
- Post-traumatic stress disorder (PTSD)
- Panic attacks and anxiety disorders
- Bipolar disorder or clinical depression
- Stress-related cognitive impairment
The employee must show that the working conditions or actions of supervisors or co-workers created a hostile working environment stressful enough to prevent the person from functioning in the workplace. The claim must be accompanied by a qualified psychiatric diagnosis.
We counter with testimony of law witnesses (co-workers, supervisors, etc.) and depositions by our own psychiatric and vocational experts to challenge the diagnosis and the foundation of job-related triggers.
Experienced Stress Claim Defense Attorneys
We don’t win every case, but even when claimants are determined to be eligible for benefits, our attorneys may win on appeal, mitigate the amount and duration of benefits, or enable clients to cut their losses through a sensible settlement. Contact the Albany office of Walsh and Hacker to arrange a consultation.