I’ve been Traumatized After a Co-Worker Died on the Job. Can I Get Workers Compensation?
An explosion at a local plant had killed a viewer’s co-worker. Although he wasn’t injured, the viewer has been traumatized by the ordeal and hasn’t slept since the accident. Can he claim workers compensation for the accident? Workers compensation attorneys Ed Ciarimboli and Corey Suda answer this question.
Dave Kuharchik: We’re talking about a situation where there was an injury on the job. This is “The Law & You” with attorneys Corey Suda tonight, who’s here for Greg, and Ed Ciarimboli. Thanks for being here.
Ed Ciarimboli: This is right in our wheelhouse.
Dave: Yeah, and it’s a little bit different than the typical injury on the job so here’s the scenario. Pat in Hanover says, “My co-worker was killed in an explosion at my plant. I wasn’t hurt but haven’t been able to sleep since. Can I get worker’s compensation for this?” So it almost sounds like it’s almost more of a PTSD or something of that nature.
Ed: Yeah, so it’s a claim that’s called a psychological claim only. You can have them in worker’s compensation. They are very, very difficult and fact specific. When your only injury is loss of sleep, I don’t think you’re going to be successful on a workers compensation psychological only injury. Corey has actually worked on a number of claims like these. What do you think?
Corey Suda: I think it’s going to be difficult. Obviously the facts and circumstances surrounding the incident really make the difference here; Whether you were in the range where you saw this actually happen or whether you just heard about it, certain things like that could really make or break a case like this and it is extremely difficult to have a sleep-only claim like this. You’re going to have a tough time.
Ed: It’s a tough one. The bottom line is you can’t do this without the assistance of somebody who specializes in workers comp. We do workers comp all day, every day and these are tough claims. Make sure you get to a lawyer quickly in order to help perfect this claim for you.
Dave: Alright, to do that you can jump on to social media, give the guys a call, or check them out online. Don’t forget, results matter with attorneys Corey Suda and Ed Ciarimboli. Thanks so much.
Ed and Corey: Thanks Dave.
Dave: pahomepage.com and “The Law & You” hotline is there for you.
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.