Claiming Workers' Comp for Job-Related Stress

Not all workplace injuries involve physical injuries. Traumatic workplace conditions can lead to mental distress, including anxiety, depression, and post-traumatic stress disorder (PTSD). When conditions at work cause mental health issues that leave someone unable to work, it can qualify for a workers’ compensation claim.

Work stress may constitute a compensable psychiatric work-related injury by demonstrating that employment events were the primary cause of a documented and disabling mental health condition.

Workers’ comp laws vary by state. To find out if you qualify for workers’ comp benefits, talk to a local workers’ comp attorney for legal advice.

Requirements for a Claim Based on a Psychiatric Condition

Stress is a part of life. For most people, anxiety fluctuates from day to day based on a variety of factors. For some, work is a primary source of stress. Common sources of workplace stress can include deadlines, time management, and in-office relationships.

However, some serious working conditions can lead to more than an ordinary source of mental stress. Work stress can cause a kind of harm for which an individual may be eligible for workers’ compensation.

State labor laws establish the base requirements for a successful claim of psychiatric job-related injury:

• You must have a” diagnosed medical or psychiatric condition” that causes a disability or need for treatment. Stress in and of itself is not a condition.
• You must show that it is “more likely than not that work events or circumstances were the predominant cause” of your diagnosed condition. That means work caused at least 51 percent of the condition.
• After termination, filing a claim requires additional evidence to show the injury occurred before termination.
• The injury is not caused by a good-faith, nondiscriminatory personnel action.

Bringing a workers’ comp claim based on a work-caused stress injury will depend heavily on your doctor. Generally, a workers’ comp claim requires medical documentation to show a mental or physical condition.

A medical diagnosis may require counseling, medication, or medical treatment. This requires documentation about your medical, personal, familial, and work histories, as well as evidence of your psychiatric background or mental illnesses.

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Related Claims for Workers’ Comp and Leave

Depending on your circumstances, you may also be eligible for paid or unpaid medical leave, disability benefits, and workers’ compensation benefits.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) requires qualifying employers to allow up to 12 weeks of unpaid leave per year if you cannot work because of a serious health condition.

During this time, you’ll still receive any health insurance benefits from your job. Your employer must provide you with the same (or comparable) position upon your return.

State Family Rights Act

Some states provide paid leave to eligible employees needing time off for a serious health condition.

When eligibility overlaps for state and federal leave, they will run concurrently. Your employer may not interfere with or retaliate against you for taking medical leave. Employers are liable under state and federal laws for unlawful retaliation.

Sexual or Racial Harassment

If your stress-related injury relates to sexual or racial harassment or employment discrimination, you can claim damages for violation of anti-discrimination laws.

Legal Help for a Workers’ Comp Stress Claim

If you are suffering from work-related stress that’s causing you serious harm, you may qualify for compensation. First, seek treatment for your condition. You can also talk to an experienced and reputable workers’ compensation lawyer to assess your potential legal claims. 

Workers’ compensation benefits help cover financial losses after you’re injured at work. Experienced workers’ comp lawyers in our directory can help you get them.