Mental Health Claims: Where to Start?

BY: Koszdin | Friday, November 30, 2018.

ABC News covered a story on the American workforce. They discovered that Americans are amongst the most overworked in the industrialized world. There has been an increase in how many hours Americans week a work to over 40 hours. This article also notes that the average weekly hours may be misrepresented because this does not account for people who are working part-time jobs. There are indicators that such as increased daycare, increased road rage, workplace violence, and after school hour demands that prove that adults are working more than ever and it is showing in the worst possible ways. The article also discussed that white-collar workers were also feeling the emotional strain because their hours are harder to track than other jobs that require you to clock in and clock out.

So what does all this mean? In the state of California, this means that courts are recognizing that mental health claims are legitimate worker’s compensation claims. Traditionally, workers compensation claims were for physical injuries like head trauma or back injuries. They were for workers dealing with physical strains and damages. However, with growing information about mental stress, courts have seen that mental illnesses are just as important for workplaces to address.

Mental Health claims stem from stressors at work. We all know that the job market isn’t want it was 20 or even 30 years ago. A person used to enter a position at a company and be honored for their loyalty. Nowadays as companies collapse or merge, job  security is constantly in question as well as access to finding new job opportunities. The workforce has become more transactional as well as competitive. And although Americans are not known to shy away from competition, it does wear on a worker’s mind. Knowing that you have to fight every day for your job is mentally exhausting. The stress of fighting to keep your job as well as the increased hourly week, it is no wonder that 20% of the workforce suffers from some mental health issue.

Why Hire an Attorney?

As much as the state of California recognizes mental health claims, there is a high threshold of evidence needed for the claim to be accepted. Mental health claims don’t have to be filed in isolation to other injuries. For example, there was a study that mental health can be shown in three ways: (1) mental illness from physical injury such as becoming depressed after going through a back injury at work; (2) mental health issue causing a physical ailment like a heart attack; and (3) environment stressors cause a mental health issue like overwhelming pressure or negativity at work causing anxiety or depression.

Our Workers Compensation Attorney at Koszdin, Fields & Sherry in Van Nuys understand that mental health issues are overwhelming and hard to prove. With over 50 years of experience, we assure you that we will find a way to ensure your workers’ compensation claim gets reviews and approved. Call us at 818-812-5639 or click here to share your situation with us today. We are here to work for you.

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