Depression is a debilitating illness that affects millions of people every year. It’s also more common after a workplace accident than many people think. A study by the Institute for Work and Health found that about half of injured workers experience depressive symptoms within a year, especially in the first six months, making early support crucial for long-term mental health.
In South Carolina, it is possible to obtain workers’ compensation benefits to cover losses incurred due to depression. However, eligible employees often face obstacles when seeking benefits for mental injuries. Insurance companies may argue that a worker’s depression is not linked to the job injury or is the result of a pre-existing condition. These arguments can impact your ability to obtain full benefits unless they’re backed by strong proof.
If you’ve been diagnosed with depression after a workplace accident, you may not feel up for a fight. Let Stewart Law Offices handle the case for you. Our compassionate South Carolina workers’ compensation lawyers can explain the state’s laws regarding mental injuries and handle every aspect of your workers’ compensation claim for you.
You’ll never feel alone as your claim proceeds. Our law firm’s longstanding tradition is to treat clients like family. And we don’t leave family behind.
Reach out to us today for a free, confidential consultation.
Does Depression Qualify Me for Workers’ Compensation?
South Carolina allows certain individuals to obtain workers’ compensation benefits for depression. South Carolina Code § 42-1-160(B) states that depression and other mental health conditions that are unaccompanied by a physical injury do not qualify as a personal injury unless an employee can prove:
- The employment conditions causing their depression were extraordinary and unusual compared to the normal conditions of employment.
- Those extraordinary conditions caused or exacerbated the worker’s depression by a preponderance of the evidence.
- Medical causation between the employment conditions and the depression through proper medical evidence
South Carolina Code § 42-1-160(C) adds that mental injuries that occur in the absence of a physical on-the-job injury do not qualify for compensation if they occur in the context of normal employer/employee relations, such as:
- Personnel actions by the employer such as disciplinary actions
- Work evaluations
- Transfers
- Promotions
- Demotions
- Salary reviews
- Terminations
If your depression is aggravated by a work-related physical injury, it is only compensable if:
- The employer/carrier admits it.
- An authorized physician notes in the medical records that the condition is at least in part causally related to the injury or accident.
- The depression is found to be causally related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist.
What Kind of Workplace Injuries Can Lead to Depression?
In truth, any kind of workplace injury could lead to depression. In the study above, the participants had all suffered some sort of musculoskeletal injury that kept them out of work for five days or more. The researchers focused only on individuals who had not been diagnosed with depression by a doctor in the year leading up to their injury.
People who suffer from traumatic brain injuries (TBIs) may also experience depression as a consequence of their injuries. This could be due to direct damage to the brain or from the limitations that the injury caused, such as the loss of mobility, memory loss, or other cognitive impairments.
South Carolinians who suffer job injuries that are career-ending, require long-term hospitalization, or result in permanent disabilities are also prone to depression. High-stress jobs are also associated with high rates of depression.
Filing a S.C. Workers’ Compensation Claim for Depression
You have 90 days to notify your employer that you realized or have been diagnosed with depression. After that, you would file a Form 50, Employee’s Notice of Claim and/or Request for Hearing with the S.C. Workers’ Compensation Commission.
At Stewart Law Offices, we can assist you with filing all workers’ compensation paperwork accurately and on time. We can also work with your employer’s insurance company to address any disputes that may arise.
Please know that we understand that depression is real. We also understand the complexities of workers’ compensation law and can gather the evidence you need for a solid and convincing claim.
What Benefits Are Available for Depression?
If your depression claim is approved, you may be entitled to:
- Medical expenses for psychiatric treatment, therapy, and medication
- Weekly compensation for lost wages if depression prevents you from working
- Permanent partial disability benefits if depression results in long-term limitations
- Vocational rehabilitation if you cannot return to your previous job
Benefit amounts and duration depend on the severity of your condition and its impact on your ability to work.
Get Legal Help from an Experienced S.C. Workers’ Compensation Lawyer
Don’t give up on pursuing workers’ compensation if you’re suffering from depression. Talk to an attorney at Stewart Law Offices instead.
For more than 30 years, our accomplished legal team has fought for the rights of injured workers just like you. Our law firm has offices in Rock Hill, Columbia, Spartanburg, and Beaufort**, as well as Charlotte, N.C. We can come to you if necessary.
Call or contact us now to get started.
Originally published October, 2019. Updated January 2026.