Workers’ Comp Insights: When the Injury Isn’t Visible

Workers’ Comp Insights: When the Injury Isn’t Visible

Understanding Mental and Emotional Trauma Under North Carolina Workers’ Comp Law

Imagine this: After witnessing a serious accident at work, a coworker crushed under equipment, a violent altercation on the job, or the chaos of a factory explosion, you can’t sleep. You flinch at loud noises. You have panic attacks. Every shift feels like walking back into danger.

Just Because You Can’t See It Doesn’t Mean It’s Not Real

But when you mention it to your supervisor, they brush it off:
“There’s nothing physically wrong with you.”

This reaction leaves many North Carolina workers wondering:
“Is what I’m going through even something I can get help for?”

At Shankle Law Firm, we want you to know: emotional injuries are real. And while North Carolina workers' compensation law doesn’t always cover mental trauma, there are important exceptions worth understanding, especially if you’re suffering in silence.


Are Mental and Emotional Injuries Covered by NC Workers’ Compensation?

Short answer: Not always, but sometimes.

North Carolina law generally does not provide workers' comp benefits for mental-only injuries (meaning there's no associated physical injury). That said, the law recognizes that severe emotional trauma tied to specific workplace events can be compensable, and that’s a crucial distinction.

When psychological injuries might be covered:

  • The trauma results directly from a specific, traumatic workplace event
  • The mental health condition is diagnosed by a licensed provider
  • There’s a clear connection between the incident and the psychological symptoms

The law sets a high bar, but that doesn’t mean workers are out of options.


When Mental Health Injuries Might Qualify for Workers’ Comp in NC

In North Carolina, not all emotional injuries are covered by workers’ comp, but some are. The law draws a line between common work stress and trauma stemming from extraordinary events. If a worker suffers a psychological condition due to a specific, unexpected, and traumatic incident, that injury may be considered compensable.

Here are real-world examples that may qualify:

  • Witnessing a coworker suffer a catastrophic injury or death
  • Being the victim of an armed robbery while working retail
  • Surviving a structural collapse or fire in a factory or job site
  • Experiencing a violent assault while on duty, such as in healthcare or delivery roles
  • Developing anxiety, depression, or PTSD after a severe physical injury

Each situation is unique. And under North Carolina law, the details matter. To file a successful claim, the trauma must be tied to a clearly defined event, not just cumulative stress, toxic management, or difficult work conditions.

This is where working with an experienced attorney is critical. Even subtle language in your report or medical file can affect how your claim is evaluated.


Can I Get Workers’ Comp for PTSD in North Carolina?

Yes, but only under very specific conditions.

Workers suffering from Post-Traumatic Stress Disorder (PTSD) may be eligible for workers’ comp benefits if the disorder stems from a clearly identifiable traumatic event that occurred during the course of employment. North Carolina law is strict about requiring the incident to be extraordinary, something beyond the scope of what a typical worker would expect in the normal course of their job.

To qualify, you’ll need to show:

  • A clearly defined incident, such as an explosion, on-site fatality, or workplace attack
  • A clinical diagnosis of PTSD or other recognized psychological disorder by a licensed mental health provider
  • A documented connection between the event and your symptoms

For example, a cashier who is held at gunpoint during a robbery and develops PTSD may have a valid claim. On the other hand, someone experiencing burnout or panic attacks due to long hours or general job stress may not.

It’s also worth noting that courts have ruled repeated workplace stress or toxic environments do not meet the threshold. The focus is on acute trauma, not chronic dissatisfaction.


Why Mental Health Claims Are So Often Denied

Unfortunately, many legitimate claims involving emotional trauma get denied for reasons that have nothing to do with truth, and everything to do with stigma, complexity, and insurance company tactics.

Even when the emotional injury is very real, these claims face an uphill battle. Here's why:

  • There’s no X-ray for PTSD or depression. Emotional injuries often lack the “hard evidence” insurers expect. Without visible wounds, adjusters may assume symptoms are exaggerated or unrelated to work.
  • Stigma plays a major role. Workers fear they’ll be labeled weak or unstable, especially in male-dominated or high-performance industries. This causes many to delay speaking up, which can hurt their claim.
  • Employers and insurers question causation. They may argue your condition stems from personal issues, past trauma, or other non-work factors, even when there’s clear evidence to the contrary.
  • The law itself is narrowly written. Unless there’s a clear, traumatic trigger, North Carolina law does not typically allow emotional injury claims. That leaves out workers suffering due to cumulative stress, verbal abuse, or hostile environments.

Bottom line: Even valid claims are often denied unless supported by airtight documentation and strategic legal framing.


What to Do If You’re Struggling After a Traumatic Work Event

If you’re dealing with psychological distress after something traumatic at work, don’t wait to get help. You don’t have to go through this alone, and taking action early can make a real difference for your well-being, and for understanding what legal options might be available to you.

Start with these steps:

Seek help from a licensed mental health professional

A formal diagnosis is essential. Be upfront with your provider about what happened and how it’s affected your daily life.

Document everything

Keep notes about the incident, including dates, locations, witnesses, and how your symptoms have changed over time. Save incident reports, emails, or text messages about what occurred.

Tell your employer and file a report

Even if they seem dismissive, notifying your employer preserves your right to pursue a claim later. Don’t assume emotional injuries aren’t worth reporting.

Talk to a workers’ comp attorney early

These cases are complex and often denied without legal guidance. A lawyer can help you understand whether your situation qualifies and what documentation is needed.

Be patient, but persistent

Healing from trauma takes time, and so does building a strong legal case. But you deserve support, and you don’t have to go through it alone.


How Shankle Law Firm Fights for Workers with Invisible Injuries

At Shankle Law Firm, we’ve helped countless North Carolina workers navigate complex, emotional, and often denied claims.

When clients come to us feeling unseen, dismissed, or judged, we listen, and we act.

Our team understands:

  • How to build a case around psychological injury
  • What medical and legal standards apply in trauma-related claims
  • How to advocate with empathy and strength

We take the time to understand your story, and we work hard to ensure your emotional health gets the respect and protection it deserves.


You’re Not Broken, You’re Injured. And You Have Rights.

If you’re suffering after a traumatic incident at work, don’t let fear, stigma, or legal confusion stop you from seeking help. You’re not weak. You’re human.

And you may have a right to compensation, care, and a better path forward.

Contact Shankle Law Firm today for a free consultation.
We take your story seriously, and we fight to make it heard.


*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.

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