Most likely, when you consider workers’ compensation, you consider the physical injuries brought on by job accidents. One of the most frequent types of workplace mishaps that result in the filing of a workers’ compensation claim is slip and fall accidents. Although physical injuries caused by workplace accidents represent the most frequent type of workers’ comp claim, there are issues associated with mental health that can lead to a workers’ compensation claim.
Workplace stress can take many different forms, such as dealing with a nasty coworker or needing to fulfill a tight deadline. Does this mean that if you experience work-related stress, you may be eligible for financial support? Although there is no specific statute in California that addresses stress at work, you have the ability to file a workers’ compensation claim if stress led to a psychological injury.
Read on for more information and then contact PLBH at (800) 435-7542 if you require a consultation with an experienced workers’ compensation attorney.
How to Apply for Workers’ Compensation for Stress at Work
According to California Labor Code 3208.3, you may be eligible for workers’ compensation benefits if you experience work-related stress. The following requirements must be met in order to prove that a psychiatric damage occurred:
- You’ve had the same employer for at least six months straight
- A lawsuit process did not trigger your stress symptoms
- According to the Diagnostic and Statistical Manual of Mental Disorders, you have been given a diagnosis of a mental disorder (DSM-V)
- Your lawyer can show that at least 51% of your stress symptoms were brought on by your job
- Your stress symptoms were not brought on by your employer’s reasonable decisions, such declining a promotion
The Value of Providing Medical Support
Although receiving workers’ compensation for a psychological illness is conceivable, doing so is challenging because such an impairment is challenging to identify. A qualified mental health practitioner must conduct a thorough evaluation to diagnose a psychiatric damage brought on by stress. Your claim will likely be allowed or denied in large part based on your doctor’s diagnosis and evidence regarding the existence of stress symptoms. It also helps to have additional proof, such test results, personal medical records, and depositions from friends, family, and coworkers.
What Takes Place If Your Claim Is Rejected?
It does not guarantee that your workers’ compensation claim will be authorized even if your doctor finds that your stress symptoms constitute a substantial threat to your health. What alternative choices do you have if your claim was rejected to treat the symptoms of stress?
You are entitled to unpaid leave time under the Family Medical Leave Act (FMLA) to treat the severity of your stress-related symptoms. You have the right to file a lawsuit for monetary damages if your employer tries to refuse your leave, shorten the length of your absence, or threatens you into not taking it. You have access to practical tools to address the signs of job stress thanks to the FMLA and the California Family Rights Act (CFRA).
One of the states with the most benevolent workers’ compensation legislation is California. California has not, like the vast majority of states, established comprehensive law that offers benefits for numerous mental health conditions that arise as a result of the employment. The PLBH’s workers’ compensation attorneys can guide you through the claims procedure.