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Employment Resources

Can You File a Worker’ Comp Claim for Emotional or Mental Stress

By July 1, 2016No Comments

er-july16-1You already know that you can file a Workers’ Compensation claim if you’re physically injured at work or suffer a work-related illness. However, you may also be able to file a Worker’s Comp claim if your job causes emotional or mental stress. Learn more as you strive to stay healthy on the job.

Can You Prove Your Case?

Break your leg on the job, and you and your co-workers can easily see the effects. Emotional and mental stress is not usually outwardly visible and thus more difficult to prove.

Of course, you may develop physical characteristics of stress, such as headaches, stomach pain, insomnia or chest pain. However, your job is probably not the only source of stress in your life. Plus, everyone handles stress differently. While a high-pressure office may cause anxiety for you, a co=worker may thrive in that environment.

To receive Workers’ Compensation for stress, you must prove that you have undergone more stress than normal on the job. Your state may also require you to receive treatment for your stress-related injury or illness, which includes a psychiatric diagnosis.

File a Workers” Compensation Claim

You may decide that your job is the cause of your stress-related illness or injury. If so, take these steps as you file a Workers’ Compensation claim.

    1. Keep a journal. Write down as many details as possible since the burden of proof lies with you. Try to include the dates of the incidents, who was present, where you were, what was said and how it was handled.
    1. Talk to someone about your experience and ask them to write notes. Whether you select a medical professional, your supervisor or a co-worker, that person can take notes and collaborate your version of events if your Workers’ Comp claim is contested.
    1. File a formal complaint in writing if necessary. It documents the details of your experience, becomes part of your permanent employment file and may be used as evidence for future claims. Check with your company’s policy because you may have a time limit on when you can file a formal complaint or Worker’s Comp claim.
    1. Be prepared to have your life examined. It’s difficult to prove that stress-related illnesses or injuries are 100 percent work related, so be prepared to have your entire life, including your academic, medical, family and employment histories, examined to prove that your job is indeed causing your stress.

 

A job that causes emotional or mental stress is dangerous to your health. You may be able to file a Workers’ Compensation claim, so talk to your Human Resources manager for more information as you stay healthy at work.