Understanding Emotional Distress in Workplace Injury Claims

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Workplace injuries are unfortunately common, especially in dangerous industries like construction, manufacturing, and packing/delivery work. However, there are times when workplace injuries go beyond a simple laceration or broken bone. Emotional distress is the natural result of some serious injuries, and depending on the circumstances of your accident, you may be entitled to compensation for your mental trauma.

Not sure what your options are after a workplace injury? We’re here to help. Call Reeves & Mestayer at 228-374-5151.

The Difference Between Workers’ Comp Claims and Personal Injury Claims

To start, it’s important to know whether you are pursuing a workers’ compensation claim or a personal injury claim. Workers’ compensation is the most common route for injured employees, and it’s your only option if your injury was caused by your employer, a coworker, or someone else directly employed by your company.

Workers’ compensation law bars you from filing a personal injury claim against your employer or a coworker, even if their negligence or malice led to your injuries. Under a workers’ compensation claim, your options for payment are fairly limited. You get your medical expenses covered and receive partial wage replacement for the time you are unable to work. However, you cannot seek compensation for pain and suffering, mental anguish, and other types of losses.

You may be able to receive compensation for emotional distress if you are pursuing a personal injury claim. A personal injury claim allows you to seek compensation from a third party who is responsible for your workplace injury. For example, if a subcontractor on your work site caused your injuries, you may file a claim against them. If you were hit by another driver while driving for work, you may have a claim against that party. When you go this route, you do have the option of seeking compensation for emotional distress.

How Emotional Distress Affects an Injury Claim

As is the case with every aspect of a personal injury claim, you will need to prove that you’ve suffered emotional distress in order to have any chance at collecting damages. The term “emotional distress” is intentionally broad, allowing it to apply to a wide range of negative emotions and psychological side effects that come with an accident. Commonly reported feelings include anger, embarrassment, hopelessness, shame, despair, anxiety, helplessness, and disappointment.

Two Types of Emotional Distress Claims Under Mississippi Law

Many people believe that emotional distress is covered under the umbrella of “pain and suffering” in a personal injury claim. However, it is actually a distinct category all its own. While pain and suffering comes about as a result of your physical injury, emotional distress is considered its own separate type of injury.

For example, consider a workplace accident where you were at risk of dying because of a piece of malfunctioning equipment that almost crushed you. Your coworker was able to stop the equipment before it had any physical contact with you, so you have no physical injury. However, the fear that you were about to die is considered its own injury. This type of near-miss situation can cause PTSD, anxiety, depression, and a massive loss of quality of life.

Emotional distress may be one category of your personal injury claim. This is typically the way to go if you also have physical damages or if the emotional distress was not inflicted intentionally or with malice. The second option under Mississippi law is a claim for intentional infliction of emotional distress, often shortened to IIED.

The burden of proof is much higher in an IIED claim, as you must prove that the defendant’s conduct was wanton and willful and that it evoked outrage or revulsion. Proving that someone intentionally caused you harm is significantly harder than proving that they caused you harm. If you believe this is relevant for your situation, it is important to talk to an attorney as soon as possible to explore your options.

Explore Your Options with Reeves & Mestayer

If you’ve suffered emotional distress because of someone else’s negligence or malice, you could be entitled to compensation. Your next step is to talk to an attorney. Set up a consultation with Reeves & Mestayer now by calling us at 228-374-5151 or contacting us online.

Common Internal Injuries

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One of the most unpredictable injuries is an internal injury. Internal injuries often take time to show up, compared to injuries like broken bones and lacerations. Because of this, it’s often hard to determine whether or not you need treatment until you’re already at risk of a fatal injury.

Learn more about common internal injuries, and to discuss your personal injury claim in greater detail, call Reeves & Mestayer at 228-374-5151.

Dangers of Internal Injuries

The primary danger of internal injuries is the fact that they are not immediately identifiable. When you combine that with the fact that many can be fatal if left untreated, it’s obvious that prompt diagnosis and treatment are crucial. Many internal injuries result in internal bleeding, which may not cause much pain or discomfort immediately. However, as blood pools up within the cavities of the body, the victim runs a greater and greater risk of dying.

Signs of Internal Injuries

If you think you may have internal injuries, it’s important to keep a watchful eye on your physical health and wellbeing in the hours and days after an impact. The best solution, of course, is to seek medical attention as soon as possible. However, for those who seek to avoid treatment, it is important to be aware of the signs and symptoms of internal injuries.

Symptoms include:

  • Swelling of the abdomen
  • Deep purple bruising around the abdominal area
  • Any unexpected swelling in the body
  • Sudden pain or discomfort in the abdomen and other parts of the body
  • Pain that gradually increases over time
  • Severe headaches
  • Dizziness, fainting, or loss of balance
  • Nausea
  • Low blood pressure

Organ Damage

While the body can easily recover from some types of organ damage, other organ injuries are fatal. A ruptured spleen often leads to internal bleeding, which can be fatal. If a ruptured spleen is identified, it can only be fixed via surgery. A punctured lung is another potential outcome of a car accident, and it usually occurs alongside a broken rib. This causes difficulty breathing and is often fatal.

Abdominal Aorta Rupture

An abdominal aorta rupture occurs when the aorta that supplies blood to the lower half of the body ruptures. Because of the size and importance of this blood vessel, a rupture can immediately cause serious internal bleeding. Without immediate medical intervention, death is a likely outcome.

Broken Ribs

Broken ribs are different from other types of broken bones because they may not be immediately noticed by the victim. A victim may experience some general discomfort or difficulty breathing, but not enough to think that there is something wrong. In fact, many broken ribs do not require significant medical intervention. As long as the rib stays in place, it will heal without too much intervention. The real problem occurs when a rib breaks and punctures the lung. This type of injury can quickly lead to death.

Internal Bleeding

Internal hemorrhaging is often caused by serious organ damage during a car crash, and it may be the result of blunt force trauma or penetrating trauma. The speed wit which blood pools up in the body’s cavities depends on how serious the organ or blood vessel rupture is. If someone suspects internal bleeding, they need to seek immediate medical attention, as internal bleeding is often fatal.

Brain Bleed

A brain bleed is another serious and potentially fatal injury that may occur after a car accident. It typically happens to victims that experience blunt force trauma to the head during a crash. The brain hitting the inside of the skull can lead to permanent brain damage, stroke, or death.

Contact Reeves & Mestayer to Discuss Your Personal Injury Claim

If you or someone you love has been injured in a car crash, we’re here to talk to you about your legal options. You may be entitled to compensation from the liable party. To schedule a consultation, call us at 228-374-5151 or contact us online.