Can I File a Workers’ Compensation Claim for Work Related Stress?

The holidays are known as the most wonderful time of the year. But they can also be the most stressful. Although most people will enjoy much-needed time off during the holiday season, there are others who must work even harder to make ends meet. It can get to the point where work related stress can aggravate a mental condition. But is work-related stress a valid reason to file a workers’ compensation claim? Ask any Los Angeles workers’ compensation attorney and they will tell you it is possible. However, it will not be easy to prove. 

The Challenges of Proving Work Related Stress

When it comes to workers’ compensation, it is important to understand that stress-based claims are highly unusual. Unlike most workers’ compensation claims in California, stress-based claims are psychological. Most claims are based on orthopedic injuries, such as the loss of a limb, organ or a bodily function. Therefore, the burden of proof is even higher to seek benefits for a mental condition. They also tend to be vague and less tangible, making them more difficult to prove.While everyone experiences stress at the workplace to a degree, stress-based workers’ compensation claims must prove to cause permanent impairment. 

Why California Labor Law is Unique

Unlike many states, California’s workers’ compensation statutes are more favorable for those filing claims for stress-related injuries. To seek benefits, the injured party must prove their work-related stress contributed to a mental disorder or caused a disability that requires treatment. The stress from work must account for the majority of the mental disorder or disability. To prove their case, the employee must provide the following information: 

• Prior medical history

• All of their financial and medical issues

• Personal and family medical issues

To file a claim based on stress, the worker must be employed at their current job for at least 6 months. It is also crucial to get testimony from a psychiatric professional to backup your claim. Their evaluations must be based on the employee’s background, job performance, personal problems and job satisfaction. It also may be necessary to get depositions from coworkers and family members.

How a Workers’ Compensation Attorney Can Help 

Not all workers’ compensation claims are the same. One of the biggest mistakes employees make is trying to handle claims on their own. Most do not properly understand California’s labor laws or how the state’s workers’ compensation system works. Having an experienced and knowledgeable legal professional on your side gives injured workers the best chance to succeed. Not only can they provide legal advice, they can also make sure all the proper documentation has been completed and filed. They can also understand the proper procedures during legal hearings. Over the years, the Los Angeles workers’ compensation attorneys at Koszdin, Fields, Sherry & Katz have successfully represented many men and women who were seek the proper amount of benefits to account for their lost wages. They understand many of the challenges and obstacles injured workers face on a daily basis. To learn more, contact their law office in Van Nuys and schedule a consultation to discuss your case.