Stress-Related Claims for Workers’ Comp in California
Not every workplace is physical, therefore, not every work-related injury is physical. Most of us can relate to being stressed at work at one point or another in our careers. While some forms of work-related stress can be short-lived, others can be persistent and can result in serious mental health concerns. If you are suffering from work-related stress or other psychiatric injuries, you may be able to qualify for workers’ compensation benefits. It is recommended that you work with a workers’ comp attorney who understands the applicable laws and can help you determine if you qualify for benefits. With the support of the Moga Law Firm, you can maximize the benefits available to you.
At the Moga Law Firm, Attorney Scot T. Moga has decades of experience handling workers’ compensation cases and helping workers receive the compensation they deserve for their ailments. Whether the injury is physical or non-physical, the Moga Law Firm can help fight for your rights. Consider reaching out to Attorney Scot T. Moga by dialing 909-931-2444 or completing the online form found here.
How to Receive Workers’ Compensation Benefits for Stress-Related Injuries
In the State of California, workers who suffer from stress may be eligible for benefits when certain circumstances apply. When the affected worker has a diagnosis of a psychiatric or mental health disorder that requires treatment and has either risen or made worse as a result of work, the employer must provide compensation and allow the worker to remain employed as he or she recovers.
Based on the state’s Labor Code §3208.3, workers’ compensation benefits can be collected over a psychiatric injury when the following elements apply:
- The worker has been employed for a minimum of 6 months
- The condition falls under the Diagnostic & Statistical Manual of Mental Disorders
- The employee can demonstrate that the work-related duties caused the condition by 51% or more
- Any good faith personnel action taken by the employer did not lead to the condition, such as the reasonable condemnation of attendance or punctuality
- The claim’s process itself did not lead to the psychiatric condition
When it comes to stress-related ailments, the Diagnostic & Statistical Manual of Mental Disorders does not explicitly define stress as a covered condition. With that said, however, the condition is a symptom of many other conditions, such as major depression or anxiety disorder.
Having a Physician Confirmation is a Requirement
Aside from the aforementioned requirements, workers claiming psychological injuries have to obtain testimony from their physician, which supports their claim for workers’ compensation benefits. The diagnosis obtained from the physician has to include the worker’s medical history, history of employment, workplace conditions, and several other factors. In addition to the physician testimony, the claim will also require additional data, such as personal records, objective test data, and depositions from family, friends, or co-workers.
It is possible to obtain workers’ compensation for a psychiatric injury, however, it can be challenging since these injuries are difficult to determine. For this reason, it is recommended to obtain the support of an experienced attorney who is able to provide the support needed to go through this difficult process.
Discuss Your Case With a Skilled Workers’ Comp Attorney
Workers’ compensation laws in California are generally considered complex and difficult to navigate. As an injured worker, these laws can be confusing and could make your health condition worse. Avoid unnecessary stress and speak to a skilled attorney who can help you navigate the complex system and help you obtain maximum compensation.
With decades of proficient legal experience, the Moga Law Firm can help you understand your legal options. Consider contacting the Moga Law Firm today to build a strong workers’ compensation case and maximize the benefits available to you. Schedule a no-cost initial consultation by filling out the confidential form here.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.