Workers Comp for Mental Health

California Workers Comp Law and Mental Health

The landscape of workers’ compensation in California is very slowly evolving to place a heightened focus on mental health. This shift is crucial in recognizing the mental health challenges that employees face due to stressful working conditions.

In this article the skilled and experienced California workers comp attorneys at Cantrell Green explore the implications of collecting workers comp for mental health issues due to stressful working conditions. Our attorneys will also explore the new legal landscape for mental health claims, what qualifies as a work-related mental health injury, the importance of documenting mental distress, and how workers’ comp attorneys navigate these claims.

Expanding the Definition of “Stressful Working Conditions”

Mental health advocates have long sought to expand the scope of workers’ compensation to include mental health conditions resulting from stressful work environments. Proponents of workers comp reform acknowledge that mental health is just as critical as physical health – and attempt to ensure that employees suffering from work-related mental health issues receive the medical treatment and the compensation they deserve under California workers’ comp law.

In order to collect workers comp for ANY mental or physical injury, the employee and their attorney must prove that the illness or injury occurred in the workplace and/or due to the condition of their employment. However, it is very difficult (if not almost impossible) to collect workers comp for mental issues – because the mental impact of stressful work conditions is not widely acknowledged.

In other words, workers’ compensation primarily addresses physical injuries. And while mental health issues from obvious traumatic events are often recognized, conditions such as chronic workplace stress, bullying, harassment, and excessive workloads are typically not recognized as legitimate causes of mental health issues. As a result, employees experiencing these stressors who seek compensation under the workers’ compensation system are typically denied benefits.

Mental Health Workers Comp Legislation

California has enacted significant legislation in recent years to address mental health within the workers’ compensation system. One key piece of legislation is Senate Bill (SB) 542, signed into law in 2019. SB 542 creates a rebuttable presumption that post-traumatic stress disorder (PTSD) experienced by firefighters and peace officers is a work-related injury, thereby making it compensable under workers’ compensation. This law aims to encourage care-seeking among first responders and reduce the stigma associated with filing mental health claims.

However, California legislation SB 542 provides a rebuttable presumption of PTSD ONLY for firefighters and peace officers, acknowledging mental health impacts from those specific high-stress environments.

Several other states have enacted or proposed legislation to address mental health claims related to “stressful working conditions” under workers’ compensation laws. For example, Washington’s House Bill 2758 allows first responders to claim workers’ compensation benefits for post-traumatic stress disorder (PTSD) due to exposure to traumatic events without needing a physical injury.

Additionally, New York and New Jersey have also seen legislative and case law developments recognizing mental health claims stemming from workplace stressors, especially for first responders and healthcare workers. These efforts highlight a growing trend to acknowledge and compensate for mental health conditions arising from stressful work environments across various states.

Documenting Workplace Mental Distress for Workers’ Comp

For a mental health condition to qualify for workers compensation, it must be proven that the work environment significantly contributed to the condition. The recognition of these conditions under workers’ compensation is significantly more difficult than proving or documenting a physical illness or injury in the workplace.

Documenting mental distress caused by the workplace is crucial in filing a successful workers’ comp claim. Employees and their worker comp attorneys need to provide detailed evidence of the worker’s mental health issues and specifically how these are linked to their work environment.

This includes supplying supporting medical records, psychological evaluations, witness statements, and any relevant documentation such as emails or reports of incidents. Keeping a journal of symptoms and events that contribute to the mental distress can also be beneficial. Proper documentation in necessary to establish the connection between the workplace and the mental health condition, strengthening the claim.

How Workers Comp Attorneys Navigate Mental Health Claims

An experienced and skilled workers’ comp attorney plays an essential role in navigating mental health claims. A workers comp attorney can help the injured employee understand their rights, gather the extensive necessary documentation, get all forms and paperwork filed in a timely manner, and build a strong case to prove that the mental health condition is work-related.

A workers comp attorney also aggressively negotiates with employers and insurance companies to ensure that clients receive fair compensation and necessary medical care. The expertise of a workers comp attorney is essential in overcoming the challenges of proving mental health claims, which often require more evidence compared to physical injury claims.

California Workers Comp Attorneys for Mental Health Claims

Fire fighters, law enforcement, and healthcare workers in California currently have the highest probability of collecting workers compensation for workplace mental health issues, such as PTSD. But advancement in California workers’ compensation law for employees suffering from work-related mental health have a long way to go.

Our workers compensation attorneys hope that eventually legislation and case law will expand the definition of stressful working conditions and recognize a broader range of mental health issues as compensable, so that employees receive the medical care and compensation they need.

At Cantrell Green, our highly experienced workers’ compensation attorneys are dedicated to helping employees navigate the complexities of mental health claims, ensuring their rights are protected and their health is prioritized. If you are a Fire fighters, law enforcement, healthcare worker, or other employee in in California experiencing work-related mental health issues, contact our workers comp attorneys today for expert guidance to determine if you may have a case.

California Workers Comp Attorneys: 800-964-8047