Can You Get Workers' Comp Benefits for Mental Health Issues in Florida?

Most jobs include a certain amount of stress. But if your job has caused or contributed to a mental health problem like depression, anxiety, or post-traumatic stress disorder (PTSD), you might wonder whether your condition will be covered by workers' compensation laws.

Workers' comp provides benefits to people who suffer a a work-related injury or illness, regardless of who was at fault. When the injury or illness is emotional or psychological, rather than physical, most states—including Florida—have rules that make it harder to qualify for benefits.

In Florida, you must demonstrate a direct connection between a mental health condition and a work-related physical injury to qualify for workers' comp. The law makes an exception for first responders suffering from work-related PTSD in certain situations.

Read on to learn more about how Florida's workers' comp laws apply to mental health issues.

How Do I Qualify For Workers' Compensation Benefits in Florida?

The Florida Division of Workers' Compensation (DWC) handles workers' comp claims. To qualify for benefits, all of the following must be true:

• You must be an employee injured or made ill due to a work-related incident.
• Your injury or illness must be reported to your employer within 30 days of the incident.
• You must file a workers' compensation claim with the Florida Division of Workers' Compensation within two years of the incident or discovery of an occupational disease.

Florida workers' comp law covers physical injuries and, in some cases, mental or nervous injuries.

Which Employers Need Workers' Comp Insurance in Florida?

Florida law requires most employers to carry workers' comp insurance. This applies to public employers, construction companies with at least one employee, and all other private employers with at least four employees. (Fla. Stat. § 440.02(19)(b) (2024).)

When Does Workers' Compensation Cover Mental Health Conditions in Florida?

If you can prove that a work-related physical injury was "the major contributing cause" of your mental health condition, you can qualify for benefits. This requires that a doctor has determined with "reasonable medical certainty" that the injury is at least 50% responsible when compared to any other cause. (Fla. Stat. §§ 440.093(2) (2024).)

If your mental health condition wasn't the result of a work-related physical injury, your claim will be denied.

When Mental Health Conditions Aren't Covered

Workers' comp benefits are not available for the following mental health conditions, according to Florida law:

• conditions that result from "stress, fright, or excitement only"
• depression from being out of work or losing employment opportunities
• a preexisting mental, psychological, or emotional condition; or
• pain or other subjective complaints that cannot be substantiated by objective, relevant medical findings. (Fla. Stat. §§ 440.093(1),(2) (2024).)

You can only claim benefits for mental health conditions that arise directly from your injuries. If you are experiencing anxiety or depression because your injuries prevent you from working, that does not qualify for benefits. The mental health issues must be directly related to the injury itself.

Preexisting Conditions

Individuals with preexisting mental health conditions will likely face an uphill battle in receiving benefits, though it's not impossible. If, for example, you suffered from anxiety before experiencing an injury at work, it might be difficult to claim workers' comp benefits for anxiety symptoms related to your injury.

The law allows you to make a claim for a mental health condition that became significantly worse after an on-the-job injury, but you'll need to present solid evidence. Hiring a lawyer in this situation is essential.

Physical Conditions Resulting from Mental Health Conditions

Sometimes mental health issues can contribute to the development of physical conditions. For example, anxiety and PTSD can cause increased blood pressure, which can lead to heart attack or stroke.

Florida law states that you cannot claim workers' comp benefits for this type of physical injury unless it is serious enough to require medical attention. If work-related stress or anxiety take such a toll on a person that they suffer a heart attack, that person could be eligible for benefits if their claim meets the state's legal requirements.

Benefit Limits for Permanent Psychiatric Impairment

Finally, state law sets limits on the amount of benefits you can recover for some mental health conditions. If you can prove that you suffer from "permanent psychiatric impairment," state law limits the psychiatric portion of your impairment rating to one percent. (Fla. Stat. § 440.15(3)(c) (2024).)

Special Workers' Comp Rules for First Responders in Florida

The Florida legislature passed a bill in 2018 that allows first responders to obtain workers' comp benefits for certain mental health conditions without a related physical injury. They are also not subject to the one-percent impairment limit.

This provision of Florida law applies to police officers and other law enforcement officers, firefighters, emergency medical technicians, and paramedics. It allows first responders to recover workers' comp benefits if they develop PTSD as a result of their employment.

In order to receive benefits, they must have a diagnosis from a licensed psychiatrist based on certain events, including the following:

• witnessing the death of a minor
• witnessing an injury to a minor that was eventually fatal
• witnessing a homicide
• witnessing a death or fatal injury that involved "grievous bodily harm of a nature that shocks the conscience"
• treating a person with a fatal injury involving "grievous bodily harm" as described above; or
• moving a person with a fatal injury involving "grievous bodily harm" as described above, such as by physically lifting them into an ambulance. (Fla. Stat. § 112.1815(5) (2024).)

How Can I Prove That Florida Workers' Comp Should Cover My Mental Health Condition?

State law sets out specific criteria for proving that your mental health condition should qualify for workers' comp benefits:

• A licensed psychiatrist provides "clear and convincing medical evidence" in support of your claims.
• The psychiatrist's evidence meets the standards found in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Fla. Stat. §§ 440.093(2).

Such evidence might include treatment notes, a psychiatric evaluation, records from an in-patient hospital stay, a letter from your psychiatrist, or all of the above.

Witness statements from coworkers, supervisors, and others can also be useful in proving the cause of your condition—and how it limits your ability to work.

How Long Are Workers' Compensation Benefits Available for Mental Health Conditions in Florida?

In addition to limiting the circumstances in which someone may claim workers' comp for mental health issues, Florida also limits the amount of time they may receive benefits.

Under Florida law, you cannot receive benefits for a mental health condition for more than six months after your physical injury reaches maximum medical improvement. (Fla. Stat. § 440.093(3) (2024).)

Contact an Attorney

Workers' comp claims based on mental health conditions are some of the hardest to win, no matter where you live. That's why hiring an experienced workers' comp attorney to represent you is essential. An attorney will know how to develop the evidence in your case to give you the best chance of success.