Post-traumatic stress disorder (PTSD) is a form of emotional distress. Special rules apply in order to recover damages for emotional distress under the Jones Act and FELA.
It is a prerequisite that an individual claiming damages for emotional distress under the Jones Act (for injured maritime workers) and FELA (for injured railroad workers) be within the zone of danger of imminent physical injury that results in the emotional distress. In other words, if the individual isn’t actually injured physically when the emotional distress occurred, it had to have been a very real possibility.
For instance, if a co-worker is killed 20 feet away from an unsafe condition and it really shakes you up to the extent that you cannot work anymore but you were not in imminent danger of physical harm at the time, then you can’t recover 10 cents. But, if you too, were within the zone of danger when a co-worker was killed, then you can contact a Jones Act attorney to help you work to recover for the emotional or post-traumatic stress disorder.
These requirements are a recent change in the law and it hasn’t always been this way. So, post-traumatic stress disorder for stressful working conditions or harassment or employee horseplay, is not a condition with regard to which you can recover under the Jones Act or FELA. Previously, sometimes maybe, currently the answer is NO.
