When people discuss work injuries, the conversation is usually tilted towards traumatic injuries that happen fairly suddenly and are easily visible. However, often left out of the work injury conversation are mental health illnesses that arise due to the workplace. At Koszdin, Fields & Sherry, our Los Angeles workers’ compensation attorneys want to discuss workplace mental health illnesses and whether or not a person can receive benefits in these situations.
California Workers’ Comp And Coverage For Mental Or Emotional Injuries
Most people do not consider mental or emotional injuries as being a workplace problem. However, as our understanding of workplace stress increases, it has become more and more apparent that the workplace is often a direct cause of a person’s mental or emotional illness.
Unlike other states across the country, the California workers’ compensation system does cover mental or emotional injuries that arise due to the workplace. State law calls these injuries “psychiatric injuries” within the workers’ comp system. Unfortunately, just because these claims and compensation are allowed does not mean it is easy for workers to receive the compensation they need. Insurance carriers and employers regularly deny workers’ compensation claims for psychological conditions. Unfortunately, lawmakers have also added special rules for psychiatric injuries before a person can recover the compensation they need.
What Are The Requirements To Recover Compensation For Psychiatric Injuries?
A workplace injury that is considered purely psychological will be referred to as a “stress claim” or “mental-mental claim.” These cases generally arise when an employee has suffered an emotional or mental injury due to the stressful workplace conditions. This injury can force a worker to take time off or leave them unable to perform certain work-related tasks.
As a result of the increased skepticism, and decreased visibility, of the symptoms of these injuries, a person must meet all of the following requirements in order to receive compensation for these claims:
- This must be a “mental disorder” that has been diagnosed by a medical professional.
- As a result of the disorder, the person must require medical treatment or experienced a disability.
- The worker must have worked for their employer for at least six months (though not necessarily continuous) unless the injury resulted from an extraordinary and sudden condition in the workplace (i.e. workplace shooting, explosion, etc.).
- The worker must prove that the “predominant” cause of the psychiatric or emotional injury was from “actual events of employment.”
We Offer A Free Consultation Of Your Case
If you or somebody you love has sustained a mental illness caused by the workplace environment, you should speak to an attorney about your case today. At Koszdin, Fields & Sherry, we have extensive experience handling all types of work injury cases, and we are ready to help you get through this. Our goal is to ensure you receive the compensation you are entitled to, which can include:
- Coverage of all mental illness-related medical bills
- Compensation for any counseling or therapy needed
- Lost wages if you are unable to work
- Possible short- or long-term disability benefits
When you need a Los Angeles workers compensation attorney, you can reach out to us for a free consultation by clicking here or calling 800-747-3447.
