When people think of workers’ compensation, they often imagine physical injuries, such as broken bones, back strains, or traumatic accidents. But psychological injuries can be just as devastating, especially when they interfere with daily functioning. If you’re dealing with a mental health condition after a workplace incident, you may be wondering: Can you get attendant care for mental health conditions? In North Carolina, the answer is yes, but it’s not always easy.
Whether you have PTSD, major depression, schizophrenia, or another psychiatric condition, understanding your rights under North Carolina workers’ compensation law is the first step toward accessing the support you need.
What Is Attendant Care Under Workers’ Compensation?
Attendant care refers to help provided to injured workers who can’t manage basic daily tasks independently. This assistance can include:
- Supervision for safety;
- Help with bathing, dressing, or eating;
- Emotional support and structure;
- Medication reminders; and
- Transportation to medical appointments.
This type of care does not involve treating the illness directly; it’s about helping someone function day to day.
In North Carolina, workers’ compensation may cover attendant care if a treating physician confirms that it’s medically necessary due to a work-related condition.
Attendant Care for Mental Health Conditions
Mental health diagnoses, especially those resulting from trauma or long-term stress, can make it difficult for a person to live independently. The need for attendant care for mental health conditions is increasingly recognized in North Carolina workers’ compensation law.
Attendant services for psychiatric conditions may include:
- Monitoring for suicidal thoughts or self-harm,
- Maintaining routine structures for those with depression or bipolar disorder,
- Helping manage impulsivity in individuals with traumatic brain injuries (TBI), and
- Providing emotional regulation for individuals with PTSD or schizophrenia.
When mental health conditions create a safety risk or impair a person’s ability to complete basic tasks, attendant care can be essential. However, unlike physical injuries, the invisible nature of psychological conditions means these claims often face more scrutiny.
Mental Health Conditions That May Require Attendant Care
Several psychiatric and neurological conditions may qualify a person for workers’ compensation-funded attendant care. Each case must be thoroughly documented and backed by medical evidence.
PTSD
Workers who have post-traumatic stress disorder often experience flashbacks, panic attacks, or dissociation. Attendant care may be necessary to help manage episodes, ensure safety, and maintain a consistent daily routine. For first responders and workers exposed to violence or trauma, PTSD can become a long-term disability.
Traumatic Brain Injury (TBI)
TBIs often have a psychological component, including mood swings, cognitive deficits, and behavioral changes. Attendants can help manage impulsivity, disorientation, and emotional instability. TBI patients may need supervision for their safety, especially in the early stages of recovery.
Severe Depression
Depression is one of the most common workplace-related mental health injuries. In its severe form, it can lead to self-neglect, suicidal ideation, and social withdrawal. Attendants may help with daily routines, personal hygiene, and medication compliance.
Schizophrenia and Bipolar Disorder
These conditions may cause hallucinations, paranoia, or manic episodes that endanger the individual or others. Continuous supervision may be required to maintain safety, encourage treatment compliance, and manage behavior.
How to Secure Attendant Care Through Workers’ Comp in North Carolina
Getting attendant care approved for a mental health condition under workers’ compensation is possible, but it takes clear documentation and persistence. Here’s how to get started:
- Obtain diagnosis and treatment plan. Begin with a clear diagnosis from a physician authorized by your employer’s workers’ comp insurance. You’ll need more than symptoms—you’ll need a documented mental health condition tied to your job.
- Ask a physician to recommend attendant care. Your treating doctor must explicitly state that attendant care is medically necessary, detailing the specific tasks, required hours, and rationale. A vague recommendation isn’t enough.
- Submit a request to the insurance company. With medical documentation in hand, your attorney can submit a formal request for approval. This may require some negotiation or additional records.
- Prepare for pushback. Insurance companies often resist approving mental health-related care, especially if it’s ongoing or provided by a family member. Be prepared to appeal a denial and to work with your attorney to build a strong case.
- Consider legal representation early. The earlier you involve a workers’ comp attorney, the better your chances of approval. Legal guidance can help streamline the process and reduce delays.
Taking these steps helps strengthen your claim and increases the likelihood of securing the care you need. With persistence and the proper legal support, it’s possible to overcome delays and get attendant care approved under North Carolina workers’ comp.
Barriers to Mental Health Attendant Care Approval
Despite growing awareness of mental health issues, these claims still face obstacles. For example:
- Lack of visible injury may lead insurers to doubt the severity of the condition,
- Social stigma around mental illness can influence case decisions,
- Vague or incomplete medical documentation may lead to denials, and
- Insurers dispute the necessity by claiming care is custodial rather than medically essential.
Legal challenges often hinge on medical evidence. Having a workers’ comp attorney who understands how to present and defend mental health claims can make the difference between approval and denial.
FAQs About Attendant Care for Mental Health Conditions
Before diving into the most common questions about attendant care and mental health, it’s important to understand that not all mental health conditions are treated the same under workers’ compensation law. These FAQs address general concerns we hear from individuals seeking this type of support.
What Is Attendant Care for Mental Health Conditions?
Attendant care refers to support services that help individuals with severe mental health conditions manage daily life. That may include supervision to prevent self-harm, help with hygiene or meals, and assistance with medication schedules. Under workers’ comp, it must be medically prescribed and tied directly to a work-related mental health injury.
Who Qualifies for Mental Health Attendant Care Services?
Individuals who have a qualifying work-related psychiatric condition—such as PTSD, severe depression, or brain injury—with documentation from a treating physician recommending daily assistance may qualify. The need must be substantial and related to safety, functioning, or treatment adherence.
Can I Receive Attendant Care for PTSD or Depression?
Yes. If a treating doctor confirms that PTSD, depression, or another mental health condition is work-related and causes a significant disruption to daily functioning or safety, attendant care can be approved. It’s critical to have thorough documentation and a legal advocate if the insurance carrier challenges the request.
Contact Mehta & McConnell Injury Lawyers
Securing attendant care for mental health conditions under North Carolina’s workers’ compensation system is possible, but rarely simple. With the correct diagnosis, medical support, and legal advocacy, individuals who have PTSD, TBI, depression, or other psychiatric conditions can receive the daily support they need to live safely and with dignity.
If you’re struggling to access mental health disability support or caregiver assistance for PTSD, bipolar disorder, or schizophrenia, Mehta & McConnell Injury Lawyers are here to help. Based in Charlotte and serving clients throughout North Carolina, we routinely fight for injured workers to get the care and benefits they deserve. Contact us today to schedule a consultation and let us put our decades of combined experience to work for you.
Mehta & McConnell Injury Lawyers
Mehta & McConnell, PLLC was founded in 2021 to represent individuals who are injured at work or due to the negligence of someone else. Both of our attorneys began their careers as defense attorneys representing large corporations and insurance companies, but we now only represent injured individuals.