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PTSD After Working at a Hospital During COVID-19: Insurance Denied Disability Benefits

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PTSD After Working at a Hospital During COVID-19: Insurance Denied Disability Benefits

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
PTSD after Covid-19 Himelfarb Proszanski

Mental Health and Disability

PTSD after Covid-19 can develop from the extremely stressful working conditions of our first responders and front-line hospital workers. Working at a hospital can be stressful enough. But, in the times of Covid-19 stressful working conditions cannot even describe what is going on for our first responders. Developing PTSD or any other mental health disease is understandable. Unfortunately, mental health disability claims are difficult to prove because mental health symptoms are not obvious and cannot be seen by others like physical injuries.

The success of a disability claim for PTSD is dependent on many different factors such as when the symptoms first appeared, what was the triggering event, was the PTSD caused by a work-related event and how debilitating are the symptoms.

PTSD disability claims are complex because of the nature of the illness and the many ways symptoms can be triggered.

PTSD is a mental health illness that a person develops after having experienced trauma, including but not restricted to, sexual assault, bullying, domestic abuse, a car accident, war violence, workplace trauma, and even a natural disaster.

People suffering from PTSD can display a wide range of symptoms such as flashbacks of the trauma, feelings of isolation or helplessness, anxiety, sleep disturbances, hyperarousal, and unhealthy isolation.  Unfortunately, many of these symptoms are self-reported and may not be fully documented by health care providers who leave disability claimants without adequate proof of their PTSD condition.

PTSD and Insurance Companies

Insurance companies rely on numerous arguments to deny PTSD disability claims because there are so many ways that PTSD can present which makes it difficult to prove someone actually has PTSD as opposed to another condition.

In addition, some people are more at risk of developing PTSD symptoms than others.  That is to say in a group of people who experience the same traumatic event, only some people in the group will develop PTSD and experience symptoms.  Insurance companies sometimes delegitimize disability claims by taking the position that a claimant’s symptoms are exaggerated or overstated for the triggering event in question.

Insurance companies can also deny disability claims if the claimant is eligible for workers’ compensation benefits and the insurance company can prove that the cause of the disability, in this case, PTSD, is work-related.  Disputes between claimants and insurance companies about how a claimant’s disability was caused are decided before the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) where workplace safety and insurance issues are adjudicated.

Working During the Covid-19 Pandemic

These types of disputes can pose problems for some people who made disability claims to their insurance companies for PTSD and worked in hospitals during the COVID-19 pandemic.

If you are a hospital worker who is entitled to workers’ compensation benefits, specifically benefits from the Workplace Safety and Insurance Board (“WSIB”), and you worked in a hospital during the COVID-19 pandemic, an insurance company may take the position that the cause of your PTSD was work-related, given the horrific and at times traumatic events caused by the COVID-19 happening in hospitals during the pandemic.  This would mean that the insurance company could force you to seek compensation for your PTSD disability from WSIB by denying your claim and in some cases getting a decision from the WSIAT tribunal that you only have access to workers’ compensation benefits for your PTSD disability.  However, the insurance company would have to prove that your PTSD symptoms were directly as a result of your work activities and that your employment did not trigger an underlying PTSD diagnosis.

If you worked in a hospital during the COVID-19 pandemic and are not entitled to workers’ compensation benefits, the insurance company cannot rely on the argument that the cause of your PTSD symptoms is work-related given your experience working during the COVID-19 to deny your claim. In this situation, the insurance company would have to resort to another argument to deny your claim.

Getting Help is Important

PTSD disability claims require early assistance from your health care providers and lawyer to ensure your symptoms are accurately presented to insurance companies.  As soon as you experience symptoms we recommend you seek medical attention immediately and if you are unable to work, we recommend you contact a disability claims lawyer to see you through making a claim and getting the compensation you deserve.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

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Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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