Estimated read time: 5-6 minutes
Two victims of a train accident
Ralph drove a trax commuter train. He loved and was good at his job. One day while driving his train into the city, a man jumped from a bridge onto the tracks in front of Ralph's train. He hit and killed the man.
There was literally nothing Ralph could have done to prevent the accident. He went to pieces emotionally, becoming the second victim of the tragic accident. Ralph's employer gave him a few days off work. Some time later, when he did not show up for work, friends and co-workers found him at home, in a dark closet, in the fetal position, crying and mumbling incoherently. He was completely unable to care for himself.
Because Ralph had in the past taken medication for depression, the workers compensation carrier denied that the train accident had any connection to his broken emotional psyche, his need for mental health treatment or his inability to continue working.
After recovering somewhat emotionally — but not financially — following hospitalization, therapy, and medication, Ralph came to see Davis & Sanchez. They filed a complaint against the work comp carrier and his employer seeking reimbursement for medical expenses and lost wages. Prior to going to trial, the insurance company settled the case. As a condition of settlement, however, Ralph's employer required that he resign from employment, which he agreed to do, simply because he didn't believe he could ever drive a train again.
Not all accidents at work result in physical injuries to an employee. Mental and emotional problems caused by work may be compensable under Utah's workers compensation laws. However, these are tough cases to win. Here's why:
First, mental and emotional strains caused by a hostile work environment, wrongful termination, or sexual harassment are not covered under workers compensation laws. This is because another forum — a civil lawsuit filed in district or federal court – is available to an employee for adjudicating torts (wrongful acts or an infringement of a right — other than contract — leading to civil legal liability).
Second, insurance companies are brutal in seeking for, blaming, and bringing to light other causes of mental or emotional instability such as previous mental health treatment or the use of psychiatric medications and/or illegal substances, past or present.
Third, unless a mental disorder is due to another medical condition (syphilis, dementia, or Huntington's disease as examples), there are no objective tests — other than observation and questioning by a mental health professional — that can distinguish mental illness from faking or malingering.
Fourth, there are employers and people running institutions even today who do not believe mental illness is a real medical condition..
What benefits is an employee entitled to if injured at work?
Like other states, the State of Utah requires employers to carry workers compensation insurance. In the event of an accident at work, this insurance is designed to pay an injured worker's medical expenses, a modest wage until the employee can get back to work, and modest compensation for a permanent impairment--such as consequences of a serious orthopedic surgery or an amputated body part.
In extreme cases, workers compensation insurance pays death benefits to an employee's family if the employee is killed, or a modest income for life if the employee is never able to return to work again. Whose fault the accident is (the employer's or the employee's) does not matter.
Workers compensation benefits are not a gateway to easy wealth. These bare bones benefits are designed to keep an injured worker' family afloat financially until the employee can fully recuperate.
Most injured workers say they would trade their workers compensation benefits in a heartbeat for the accident never to have happened in the first place. Employees often lose good health, income, health insurance, ongoing retirement contributions, and future earning power following a serious accident at work – even with workers compensation insurance coverage.
Is it any wonder that the Workers Compensation Fund has adopted as its motto: "Be careful out there!" Another reason to "be careful out there" is that insurance companies do not like to pay. They will often use every means at their disposal to delay or avoid payment altogether.
Most workplace injuries aren't reported
What happened to Ralph could easily happen to you or to those you love.
In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains, and tears. Construction, transportation, and warehouse industries accounted for the most work-related deaths.
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through worker's compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.
Have you been injured at work? Get help!
If you suspect you aren't receiving the compensation you rightfully deserve for a workplace injury or illness, it's important to act quickly. Let the award-winning team of attorneys at Davis & Sanchez help. They have handled thousands of cases. As a law firm focused solely on workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is your best option.
Contact them today to get the help you need.
