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How to File a Psyche Workers Comp Claim

Updated on May 17, 2020
John Sarkis profile image

I was a workmen compensation lien negotiator. I was also assistant litigation

Psychology in a Work Setting

Objectivism vs. Subjectivism

I've written articles about philosophy, because it's a field that I enjoy writing about. How philosophy has developed from ancient times until present is remarkable to say the very least.

Although there were many philosophers who wrote and gave weight to the subjective (Machiavelli, John Locke....), it wasn't until the middle of the 19th century that the concept of Subjectivism really took off. Kierkegaard and Dostoevsky being two writers whose works can be confusing at times, because they didn't believe in the adage, "this is where the rubber meets the road." They believed that truth is subjective, which lead to new adages such as, "what's true for you may not be true or good for me," or "don't fret over it -- who cares -- it's all good," etc., etc., etc. Reason I'm discussing philosophers and writers like the aforementioned, is to give you a preface for what I'm about to discuss -- dos and don'ts of psyche workers compensation.

Objective is simple enough. If you get hit by a train and manage to survive (you may not want to live after that?!), x-rays will show your smashed up bones, so that there's no argument in saying that you were severely injured. Just as objective as the sun is real, so are most bodily injuries, because we can objectively affirm and verify their validity.

One of the things which Kafka and other writers such as the aforementioned were trying to convey, is that the subjective can be as real as the objective. When Kafka wrote "The Trial," it was implausible that people would be arrested, charged, and murdered without evidence of them having committed a crime. 25 years after Kafka wrote "The Trial," Nazis in Germany and in other parts of Europe which they occupied, were arresting Jews and Gypsies, torturing them, sending them to concentration camps, and well, you know the rest.... So, moral of the story, just because something hasn't happened before, doesn't mean it cannot happen, or, won't happen in the future. Last, Kierkegaard and Kafka were trying to convey that if you dig really deep into subjectivism, you might come to the conclusion that it's as real -- perhaps even more -- than objectivism can ever hope to be.

Initial Filing of a Psyche Workmen Compensation Claim

I'll try and explain in a parabolic fashion how you'd go about doing this.

Let's say Debbie Jones has worked for W&K for 20 years. She's a good employee. She's rarely ever late -- in fact, she's only been late once in 20 years. She's devoted to her duties and takes her job very seriously. Debbie's supervisor is Mark Smith. Mark has worked for W&K for 10 years, and has been Debbie's supervisor for 8 years. One day, he gets upset at Debbie and says to her, "you're stupid. I wonder what your parents thought about you?" Horrible statement to make to anyone -- regardless of whether you're their supervisor or just a stranger on the streets. Debbie is so inordinately upset, that she calls sick the following morning. It happened to be Friday when she called out, so she's off Saturday and Sunday, and is finally feeling well enough to report to work on Monday morning. About 12:00 noon, Debbie becomes depressed and she's so angry that she's nonoperational and decides to discuss her issue with Human Resources. She's now decided to file a psyche claim and gives her narrative to the HR Manager. She's sent to a psychologist and starts treatment with him/her. During her sessions, the psychologist finds out that Mark has insulted Debbie many times over the 8 years he's been her supervisor, but Debbie never reported any previous incidents and has no proof of them. She even had emails in her possession which she'd delete at the end of the day, or periodically, so she has no proof (evidence in law) Mark has been belligerent and hostile in the past, although he has many times.

Debbie's Mistake

First and foremost -- if you don't pay attention to what I've written -- know this: always document any unsavory incident that takes place at work. Furthermore, in today's technology world of internet and emails, we should have some clue or evidence from supervisors or others who have treated us unprofessionally. However, let's say you don't have a computer. Debbie had 8 years of abuse she could have jotted down on paper or kept somewhere, so that her work could see that Mark has been irate and unprofessional in the past. But Debbie's error -- you guessed it -- was to file on that particular date and not have proof that Mark has treated her poorly and unprofessionally for 8 years -- non-stop. When I studied Real Estate (back when dinosaurs ruled the earth), the first thing my professor told me was, "Real Estate can be surmised in one word: Location! Location! Location!" You might say that workers comp psyche claims can also be surmised by one word: Documentation! Documentation! Documentation!

What Debbie did Right

She filed a workers comp psyche claim. True, she should have documented the incidents that occurred over a period of 8 years between her and her supervisor. However, she mustered up enough courage to eventually file and I give her credit for that. There are people who've been verbally abused at work for decades -- 15-20 years -- and have kept it to themselves and never filed a psyche claim.

Seek Counsel

Attorneys exist for a reason. Talk to them, and hire one if need be. Only they can explain laws to you and help you. There are many. Today, you can ask many questions via email, so you don't always need to speak to one in person. It's convenient, and saves time.


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