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Law Offices of Jeremy K. Lusk, Inc.

If you were injured on January 1, 2013 or later, and your depression is related to physical injuries suffered on the job; for example, let’s say you had a work injury to your back which required surgery and you are feeling depressed or anxious because you may not be able to return to your job and support your family; or the pain is unbearable,  you would be entitled to receive treatment for your depression, if your treating doctor believes that treatment for your depression is reasonable and necessary for the overall treatment of your work injury.

If you were injured before January 1, 2013, in addition to treatment for your depression, you may also be entitled to permanent disability benefits as a result of depression/anxiety related to your physical injuries. You would probably need to be examined by a psychiatric specialist to see if you had any permanent mental or emotional (psychiatric) disability and the cause of your condition or injury was predominantly (more than 50%) due to your work injury; when compared to other factors such as a divorce or a death in the family.

Regardless of your date of injury, you may be entitled to treatment and permanent disability, if your mental or emotional condition is related to a catastrophic injury (for example: loss of arm or leg/severe burns/severe head injury) or you were the victim of or witnessed a violent crime.

To find out whether you are entitled to receive treatment or permanent disability benefits for your depression and/or anxiety, you may be required to attend a medical-legal examination with a State doctor (QME).  The law surrounding psychiatric workers' compensation injuries can be quite complex, and there are a number of variables at issue.

If you have questions about treatment for your workers' compensation injury and want to talk to an attorney in Fresno, please call 559-408-7436 or fill out the form to the right.

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My treating doctor says I'm depressed. is that covered by workers' comp?