Workers’ Comp – Psychological Conditions

How to Qualify for Workers’ Comp for Psychological Conditions in California

Workplace injuries are not always physical. Emotional and psychological harm can be just as debilitating, if not more so. If you’re grappling with mental health conditions triggered by your work environment, you might wonder if you can seek financial assistance through workers’ compensation.

In this article, the experienced California workers comp attorneys shed light on this critical subject, helping you understand your rights and the process involved in filing a mental health-related workers’ compensation claim.

Psychological Conditions & Workers’ Comp in California

Workers’ compensation is a legally mandated insurance program that provides benefits to employees who suffer an injury or illness that is due to their job. So, whether you’ve been hurt in an accident or you’ve developed an ailment over time, workers’ compensation is designed to assist you. Psychological conditions can fall within the scope of workers’ compensation – however it can be more difficult to collect than workers comp for physical injuries and illnesses.

Psychological conditions are often the result of stressors in the workplace. These could be anything from witnessing a traumatic event, enduring harassment, to being subjected to high-stress scenarios consistently. Some common mental health conditions that can arise from such circumstances include depression, anxiety, and post-traumatic stress disorder (PTSD).

It’s crucial to understand that not all mental health issues or psychological conditions are eligible for workers’ compensation. The key requirement is the ability to demonstrate that your job directly caused or significantly contributed to the mental health condition. This proof can often be challenging to establish, especially without professional help.

Qualifying for Workers Comp for Work-Related Psychological Condition

To qualify for workers’ compensation for a psychological condition, you must meet several criteria:

1. The condition must be job-related, meaning it arose in the course of your employment.
2. The condition must be disabling, hindering you from performing your work adequately.
3. The condition must be permanent or expected to last for an extended period.

Claiming Workers’ Compensation for Psychological Condition

The process of proving these criteria typically involves gathering comprehensive evidence for presentation to the workers comp board, including: detailed medical records, incident reports, and testimony from mental health experts.

In the State of California, senate bill SB 868 (enacted in 2021), expanded the definition of a compensable mental injury to include “any mental injury that results from a stress-related injury.” This law is expected to make it easier for workers to obtain workers compensation benefits for mental injuries caused by their work.

In California, workers comp claimants must prove that “actual events of employment” were the “predominant” cause of the psychiatric injury. This means that when all the causes of the mental illness are taken into account, working conditions must be at least 51% responsible.

Claiming workers’ compensation for mental health issues can be a complex process. It requires clear evidence that your job was the primary cause of your mental health condition. Some of the evidence you might need to gather includes:

1. Medical reports and diagnosis from a mental health professional.
2. Testimonies from colleagues or other witnesses who can attest to the stressful conditions at your workplace.
3. Any relevant documentation such as email correspondence or incident reports that illustrate the stressful nature of your job.

Remember, each case is unique, and the amount of compensation you might receive will depend on various factors, including the severity of your condition and its impact on your ability to work.

The Challenge of Proving Work-Related Stress or Anxiety

Proving that your anxiety or stress is work-related can be a considerable challenge. Unlike physical injuries, mental health conditions often lack a clear, visible connection to a workplace incident. However, with the help of mental health professionals and thorough documentation of stressful workplace events, you can build a strong case.

It’s worth noting that under New Jersey law, psychiatric claims for workers’ compensation do not require proof of physical injury. They can occur gradually due to a stressful work environment or due to a single traumatic event. However, to be eligible for compensation, several elements must be met:

1. The working conditions must be objectively stressful.
2. The believable evidence must support a finding that the worker reacted to the conditions as stressful.
3. The objectively stressful working conditions must be “peculiar” to the particular workplace.
4. There must be objective evidence supporting a claim of psychiatric disability.

Workers’ Comp Benefits  for Psychological Conditions

If you qualify for workers’ compensation for a mental health condition, you could receive several benefits, including:

1. Medical Bills: Workers’ comp can cover the cost of your treatment and any other medical expenses related to your condition.
2. Lost Wages: If your mental health condition prevents you from working, you may be compensated for your lost income.
3. Permanent Disability: If your mental health condition causes long-term impairment, you might receive compensation reflecting the financial impact.

Workers’ Comp Attorneys for Psychological Conditions

Filing a workers’ compensation claim for a psychological conditions can be a challenging process. This is why it is crucial to have experienced workers’ comp attorney by your side to can lend their expertise, guiding you through the intricacies of the process and helping you assemble the necessary evidence. The assistance of a skilled workers comp attorney can significantly increase your chances of receiving the compensation you deserve.

Mental health conditions can be as debilitating as physical injuries, and it’s crucial that workers have access to the support they need. If you’re suffering from a work-related psychological condition or mental health issue in California, remember that you may be eligible for workers’ compensation benefits. Schedule a consultation today, and let our experienced and understanding workers comp attorneys fight for the compensation you deserve.

Workers’ Comp Attorneys for Psychological Conditions: 800-964-8047