In 2008, our firm had the pleasure of representing a woman who was employed where many financial transactions took place and cash passed back and forth. The established was robbed and our client was placed into a large safe and held at gun point. Her life was threatened if she called the authorities. The client was traumatized and suffered serious mental injury such that she could not depart her residence for fear of her life. The employer instructed her to return within three days and she was not able to do so. She was eventually terminated. We were successful in attaining a substantial settlement for her.
Under Tennessee law at the time, employees were able to file a workers compensation claim for mental injuries arising out of and during the scope of employment. Such injuries could be incurred gradually over time due to repeated stress involved at work or by a sudden and identifiable event such as the example of above. In 2011, the state legislature passed sweeping workers compensation reform deemed more favorable to employers and insurance companies. A mental injury proximately caused by a physical injury – in other words, the employee suffers a bad physical injury and develops PTSD or depression as a result would be compensable under the statute.
Gradual onset resulting in cumulative stress, emotional, or mental or injury is no longer covered under the Workers Compensation Act. There must be an identifiable event or stimulus set out as to time and place to receive benefits. Upon a proper claim meeting this definition, then our firm can assist a client in attaining a panel of three mental health providers to choose from for treatment. Upon reaching maximum medical improvement where no further treatment is necessary, we can hopefully be awarded an appropriate impairment rating and disability payment.
Now under the law pursuant to T.C.A. § 50-6-102, an injury is now defined as: