Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?
I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right outside. I was stuck there for 2 hours while police had the area blocked off. Since this incident I've been dealing with a lot of PTSD symptoms which have effected my life. It has effected me at work, I find it hard to keep up with my work and stay focused. Its efected me at home. I am having trouble sleeping. I've really struggled. And recently I was written up at work. The write up was unwarranted and I strongly believe they are trying to force me out because of how much I've been struggling.
A:
Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological condition may be recognized as a workers' compensation claim.
As a teacher, you may qualify for disability under a SERS or PERS program; I'd suggest you talk with the HR folks at PERS and SERS about this, and your union rep, too. If you have some sort of disability policy through work you may also want to look into that.
You have gone through a trauma witnessing this event. Nobody disputes that. Ohio simply does not recognize what's known as "mental-only" as compensable under its workers' compensation laws.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
