Workers’ Compensation Claims for Workplace-related Stress Injuries

Workers’ Compensation Claims for Workplace-related Stress Injuries If the stress at one’s workplace has led to some kind of permanent injury that can be established via a medical record review, it may be compensable under the WC laws of the person’s state.

Any job can be stressful, even though the stress levels may vary. Each person handles stress in a different way that may be unique to him/her. If the stress is too much, you may suffer from high levels of anxiety, mental distress and emotional breakdowns. If the stress at your workplace has led to some kind of permanent impairment, it may be compensable under the Workers’ Compensation laws of the person’s state.

Physical vs. Psychological Injury—Establishing via Medical Proofs What is the difference between stress related claims and other workplace injury claims? A broken arm, loss of bodily function and such injuries are orthopedic or neurological, whereas stress associated injuries are psychological in nature. Personal injury attorneys handling stress-related WC claims that are mostly vague, have a challenging job to perform because such claims require more comprehensive proof if they are to be won. On reviewing, the medical records must somehow provide a good representation of the injury that is virtually intangible, being psychological.

Typically, claimants must establish that they are employees of the particular organization and that the injuries were caused while they were at work. Usually, most WC compensation cases win only temporary benefits such as wages and/or medical cost. To receive a permanency award, the claimant has to establish that the workplace injury resulted in a “permanent” condition as a result of which he/she lost the use or function of a body part either totally or partially. A physical injury can be easily proved, but psychological injuries are difficult to establish. For psychological injuries, evidence presented usually include medical reports that substantiate that the claimant suffers from stress, and reports showing the use of anti-anxiety medication for job-related anxiety as diagnosed by their physician.

How Much Stress Is too Much?

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It is very likely that judges may rule that the claimant didn’t present medical evidence that categorically proved that “objectively stressful work conditions” were responsible for his/her psychiatric problem.

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Since a certain amount of stress is habitual for every job, the claimant will have to show “objectively” that the stress he/she experienced was above the normal level for

their kind of work, and also that it was the specific cause of their psychiatric condition.

Workers’ Compensation courts will be looking for credible evidence that can objectively verify that work-related stress was the “material cause” or was to a “material degree” a contributing factor to the claimant’s stress-related workers’ compensation claim.

Stress-associated Claims – Statutes May Vary across States Some US states such as California provide the requirements for an employee to request compensation for a stress-associated claim. According to California labor law, a psychiatric injury will be compensated if there is a diagnosed mental disorder that caused the disability or the need for treatment. In this case, the injured employee has to prove that the psychiatric condition was predominantly caused by the actual events of employment or among all the combined causes of the particular injury, the actual events of employment were the predominant causes (51%) of the psychiatric injury.

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The employee must present proof such as his/her previous medical history, financial/medical issues, and personal/family issues which will be scrutinized.

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The employee must have been in the service of the employer for a period of at least six months, which need not necessarily be continuous.

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Extraordinary/sudden employment conditions are exceptions to this rule.

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The law prohibits claims for psychiatric injuries that were caused by “lawful, nondiscriminatory good faith personnel actions.”

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Stress claims in California have to be supported mainly with the testimony of the physician.

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The physician’s report has to be comprehensive and based on a thorough review of the

claimant’s background (personal problems, job satisfaction, performance

reviews, developmental history etc.). The report should include the claimant’s personal records, depositions, academic and military records, interviews with family members, co-workers’ statements, psychometric test data and so on.

Irrespective of the claimant’s location, what is important is to prove that the workplaceassociated stress resulted in the injury and this is to be done with actual facts and medical proofs. Workers’ Compensation lawyers will first determine if the petitioner has a genuine WC claim. Before taking up the case they will also evaluate whether the claimant suffered

more than above levels of stress habitual to his/her job; they will assign medical experts to find out whether any other potential causes may have contributed to the particular psychiatric condition and perform a detailed review of all medical records available to see whether the claim can be substantiated.