Can I Get California Workers’ Compensation for Workplace Stress?

 Posted on July 12, 2024 in Workers' Compensation

Most workers are aware they are entitled to receive workers’ compensation benefits following a workplace injury or illness. In some states, a worker whose job has caused them emotional or mental trauma, including stress, anxiety, PTSD, and depression, can also receive workers’ compensation benefits.

Some states do not allow workers’ compensation benefits for mental trauma under any circumstances, while others may require an accompanying compensable physical injury. Although a psychological workplace injury may be allowed in some states, it will be denied when the injury results from a good-faith disciplinary action. California allows workers’ compensation claims for mental health issues when the worker has sufficient evidence to prove the issue is work-related.

Mental health issues are just as real as physical injury and trauma. When a work situation has been so toxic that conditions like stress, anxiety, and depression result, workers’ compensation should cover necessary treatments and time away from work. Having an experienced Hollister workers’ compensation attorney to answer questions and act as a guide throughout the process is essential. A skilled workers’ compensation attorney will ensure the worker’s rights are fully protected throughout the claim process.

How Are Work-Related Mental Health Issues Treated Under Workers’ Compensation?

A mental or psychological work injury is often referred to either as a "mental-mental" claim or a "stress" claim. This is in contrast to a psychological condition resulting from a physical injury sustained in the workplace, such as PTSD. Psychological injuries can be just as damaging in many ways as purely physical workplace injuries, resulting in time away from work.

Regularly working employees to the point of exhaustion or constantly belittling or threatening workers qualify for mental health benefits under California workers’ compensation laws, but the rules are a bit different. Mental health issues are much more subjective than physical injuries. An X-ray or a medical test will often clearly show a physical injury, but stress-related psychological injuries are harder to diagnose and, thus, harder to prove for the purposes of workers’ compensation.  

What Are the Requirements for a Mental Health Injury When Filing Workers’ Compensation?

A worker who is seeking to qualify for a purely psychological, stress-related injury must satisfy additional requirements to receive workers’ compensation benefits, including:

• The worker can show that the employment situation "predominantly" led to the identified condition (at least 52 percent), although the standard is much lower if the condition is the result of violence in the workplace.
• The specific psychiatric condition is outlined in the DSM-V (Diagnostic and Statistical Manual of Mental Disorders).
• The psychiatric condition is not caused by the legal process itself. The employee has worked for the company for at least six months.
• The employee requires medical treatments or is unable to work because of a mental or psychiatric disability.
• The condition may not be the result of "reasonable" criticism of the employee’s punctuality, attendance, work performance, or any other personnel actions taken in good faith.

Stress is not a psychiatric condition in itself but can be a byproduct of another diagnosable condition, such as clinical depression or generalized anxiety disorder. If workplace stress prevents an employee from performing their normal duties, they could be eligible for workers’ compensation, even when the worker is terminated.

Schedule a Free Consultation with a San Benito County, CA Workers’ Compensation Attorney

If your workplace is responsible for a psychiatric or mental health issue, you need a strong Hollister, CA workers’ compensation lawyer to help you through the process with the goal of the best outcome possible. Cramer + Martinez has served clients in Gilroy and the surrounding areas for almost three decades. Our current team of workers’ compensation attorneys has more than two decades of combined experience with California workers’ compensation laws. For a free consultation, contact Cramer + Martinez at 408-848-1113.