Is Emotional Distress From Being Robbed On the Job Covered by Workers’ Compensation?

Emotional distress caused by being robbed on the job is covered under the Workers Compensation Act in North Carolina. Under North Carolina law, mental as well as physical injuries sustained on the job are a compensable injury.  The “injured worked” must provided evidence, usually medical evidence, he or she is unable to work due to the traumatic psychological injuries they sustained during the robbery. However, the psychological injury sustained may not be permanent disability.

For example, the person may be robbed at a fast food restaurant late one night.  This traumatic event may not preclude her from working in the future in a factory during the daytime. The environment in each of the jobs is completely different.  The job in the factory does not have her working late at night with the chances of being robbed on the job again.  However, having the worker go back to a job late at night in another restaurant could cause the psychological issues to resurface precluding the worker from maintaining a job.

The workers’ compensation insurance company will send the worker suffering from the post-traumatic stress disorder to a medical professional or psychologist to diagnose the worker.  To receive compensation, the worker must have a diagnosis.  The worker cannot just claim they have psychological injuries; a professional must substantiate the injury.

One major focus in post-traumatic stress disorder situations is whether other reasonable employment exists.  If the worker could be trained (vocational rehabilitation) for another job in which they would not be under the psychological stress then workers’ compensation will not continue to pay indemnity benefits going forward.