Time limits can complicate mental injury claims
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Civilian contractors returning home from war zones can find themselves in a similar battle with mental injuries as soldiers. Verified mental injuries are compensable but only for an allotted time.
Claimants have two years from the time they become aware of the connection between their illness and their working conditions to file a compensable claim. But according to the American Psychiatric Association, it could take “months or years” for full-blown post-traumatic stress disorder to manifest.
Researchers have also found that stigmas and misconceptions about PTSD have compromised treatment. According to a Rand Corp. study, 70% of symptomatic contractors did not seek treatment because they felt that such a move would harm their careers.
For injured workers whose mental injuries manifest later or for those who faced delays in treatment, there are still ways to receive compensation after the two-year compensability window has expired, said Jon Robinson, attorney at Strongpoint Law Firm in New York.
“When that time delay occurs, mental health professionals may assign the ‘delayed expression’ qualifier to the PTSD diagnosis,” he said, which can help Defense Base Act claimants receive workers compensation benefits.
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Coming home: Civilian contractor claims spike
After 20 years of conflict, many U.S. soldiers and civilian contractors have returned home from Afghanistan and Iraq much different than when they first deployed. Psychological injuries are common in war zones, but a 2013 Rand Corp. study found that civilian contractors suffer at a much greater rate.
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