Are Social Workers Covered by Workers’ Compensation?

Social workers form an important part of our society’s support system, helping people solve problems and cope with challenges. The U.S. Department of Labor counted over 708,000 social work jobs in 2021 and predicted a 9% increase by 2031. Social workers may deal with crises and vulnerable populations that can expose them to various workplace risks.

But are social workers covered by workers’ compensation? Most states cover social workers classified as employees, providing protection for physical injuries, workplace violence, and sometimes mental health conditions. However, many factors affect a social worker’s ability to receive benefits.

Common Work-Related Injuries or Illnesses for Social Workers

The risks social workers are exposed to may be different from office workers. Client safety is at the heart of most interventions, programs, and resources.

However, the safety of social workers often gets overlooked. A 1994 study found that 58% of social workers experienced at least one incident of client violence during their careers, with 50% facing direct threats.

Social workers are at risk for physical injuries from their routine activities. They can suffer from slips and falls during client visits, back strain from helping mobility-impaired clients, or car accidents when traveling between locations. Other ways social workers are covered by workers’ compensation include:

• Physical attacks and possible violence from the people they serve
• Mental health distress from witnessing traumatizing situations or during crisis interventions
• Exposure to infectious diseases, especially for those in healthcare or shelter settings
• Vehicle-related incidents while traveling to remote locations or during off-hours
• Stalking and cyberbullying from current or former clients
• Property damage during home visits or at office locations

It should also be noted that due to the unusual hours they keep to accommodate client availability, social workers are more vulnerable to random attacks.

Does Workers’ Comp Cover Mental Health Conditions Like PTSD or Burnout?

Mental health coverage is one of the most complicated areas of workers’ compensation law. Nearly 50 million American adults deal with mental health issues, and these conditions cause about 200 million lost workdays annually. For social workers who routinely witness trauma and deal with crises, mental health impacts are usually more severe.

Most states require workers to prove their mental health condition directly resulting from job duties. Therefore, it’s important to thoroughly document specific traumatic events and to get medical professionals to show the connection. Courts want you to prove that the work was stressful and that the stress was unusual and specific to the workplace.

Can You Claim Workers’ Comp if You Were Injured While Traveling to a Client?

Yes. If you’re traveling as part of your job duties, like visiting clients or running work-related errands, then you’re covered. However, if you’re going to your first appointment, heading home after your last one, or running personal errands on your lunch break, you’re usually not covered.

Business travel receives more generous treatment. Injuries during client visits, accidents in rental cars, or even incidents in hotels will qualify for coverage. But you need to prove that travel was a required part of your job duties at that moment. Social workers should keep this difference in mind because they regularly travel to other locations or during off-hours.

Does Workers’ Compensation Cover Assault?

Workers’ compensation covers injuries from workplace violence, including assault. This is important for social workers, who sometimes must enter dangerous situations or deal with unstable clients.

However, you must prove that the assault happened because of your work duties. In such cases, the coverage also extends to resulting emotional trauma or PTSD.

Are Social Workers Considered Employees or Independent Contractors?

The difference between employee and independent contractor status determines workers’ compensation eligibility. You start by asking, “How much direction does the organization have over your work?” If they control your schedule, provide training, set work methods, and integrate you into their operations, you’re likely an employee with automatic coverage.

Independent contractors, like those in private practice, usually bring their supplies, control their work methods, and have specific job agreements. However, note that some organizations misclassify social workers as contractors to avoid providing benefits. Getting this classification wrong can mean losing access to workers’ compensation when you need it most.

How Does a Social Worker File a Workers’ Compensation Claim?

To ascertain that everything is done properly, ensure the following as you file:

• Report all incidents as soon as they happen, including the minor ones.
• Get checked by a health worker and keep the records.
• Note down what exactly happened, when and where it occurred, the names of any witnesses, and photos or evidence if applicable.
• Complete all required forms from your employer.
• Keep copies of everything, including medical records, incident reports, and any correspondence.
• Document any missed work time and related expenses.
• Follow your doctor’s treatment plan exactly.
• Track all communications with your employer and insurance company.

Even seemingly minor incidents should be documented since they can develop into serious problems later.

What Benefits Can a Social Worker Receive Under Workers’ Comp?

Workers’ compensation offers several main types of benefits to protect social workers after a workplace injury or illness, including:

• Medical Care Coverage: Covers all necessary treatment and procedures related to your workplace injury, including ongoing care and rehabilitation services
• Wage Replacement: Provides a proportion of your regular salary during periods when you cannot work due to your injury
• Vocational Rehabilitation: Offers training and placement services if your injury prevents you from returning to your previous social work position
• Permanent Disability Benefits: Provides long-term financial support if your workplace injury results in lasting impairment that affects your ability to work

These benefits work together to ensure social workers can focus on recovery while maintaining financial stability.

Can a Social Worker Sue Their Employer for Negligence?

Workers’ compensation generally prevents social workers from suing their employers for workplace injuries, as it represents a trade-off: guaranteed benefits in exchange for giving up the right to sue. However, exceptions exist in extreme cases involving intentional harm or gross negligence, and you may have options if a third party contributed to your injury.

Does Workers’ Comp Have a Time Limit?

Each state maintains its own workers’ comp claim time limit, making it important to understand your local requirements. Here are a few timelines:

• Pennsylvania: Report within 21 days or forfeit the right to claim if unreported within 120 days
• New Jersey: 2 years from date of injury
• New York: Notify employer within 30 days of the injury in writing
• Texas: Notify the employer within 30 days of the day you were hurt
• Florida: Report within 30 days of your knowledge of the injury or 30 days of the doctor determining you are suffering from a work-related injury

Missing these deadlines can result in permanent loss of benefits, so it’s essential to report injuries promptly and file claims within your state’s timeframe.

What Happens if My Workers’ Compensation Claim Is Denied?

Many valid claims face initial denial in a system seemingly designed to discourage workers, but denied claims can succeed on appeal with proper legal help. Sometimes, correcting paperwork errors or providing missing documentation can solve this. Other times, you need to present your case at a hearing.

Pond Lehocky has helped many social workers overturn wrongful denials.

Talk to a Lawyer if You Are Having Difficulty Getting Your Workers’ Comp Benefits

The workers’ compensation system can be challenging for social workers. Pond Lehocky understands the difficulties involved and knows how to document psychological injuries, prove work-relatedness, and handle appeals. Let them manage the legal complexities while you focus on recovery.