According to the National Center for PTSD, it can take years to fully recover from the psychological impact of a serious workplace accident. For many workers in California, these psychological injuries take far longer to heal than physical injuries. While a broken bone might heal within months, you could endure anxiety, stress, trauma, depression, and other legitimate mental health issues for years.
Sometimes, these psychological injuries never truly heal. Workers may be haunted by the memories of fatal accidents that claimed the lives of their co-workers. They might also struggle with self-image issues after suffering disfiguring injuries. Others face years of counseling after enduring sexual harassment, discrimination, and other forms of abuse.
If any of this sounds familiar, you might be eligible to pursue workers’ compensation for psychological injuries. To discuss this possibility in more detail with a California workers’ comp lawyer, book a consultation with James Koh today.
What Is Covered for Mental Health and Workers’ Compensation?
If you successfully pursue workers’ compensation for psychological injuries, you may be able to cover your medical expenses and missed wages. Essentially, the Division of Workers’ Compensation (DWC) views psychological injuries in the same way as physical injuries — and provides claimants with exactly the same benefits. These include:
- Medical care: A successful workers’ compensation claim should cover medical care related to psychological issues. This might include counseling sessions, psychologist appointments, psychiatrist visits, alternative therapy programs, and the cost of prescription medication.
- Disability benefits: If your psychological issues cause you to miss work, your workers’ compensation claim can cover two-thirds of your lost wages. These benefits should continue until a doctor gives you the “green light” to resume work.
- Supplemental job displacement benefits: You might also receive compensation if you need to re-train or re-certify due to your mental health issues. For example, returning to the same workplace may trigger your PTSD, requiring you to explore other career options.
What Counts as a ‘Mental or Emotional Injury?’
According to the DWC, in California, it is possible to receive compensation for disabilities caused by job-related mental stress. In this context, the definition of “disability” may refer to either physical ailments or mental disorders.
The DWC also states that you must be employed for at least six months before pursuing compensation for work-related mental health issues. However, it may be possible to recover compensation after shorter employment periods if your mental health issue was triggered by a sudden, traumatic event.
The ‘Normal Personnel Actions’ Defense
If your psychological injury occurred because of “normal personnel actions” carried out in good faith, you may be unable to pursue compensation.
In other words, you likely can’t file a workers’ comp claim for mental health issues caused by termination. As long as your employer fired you lawfully, any depression or anxiety you experience while unemployed is likely not compensable.
Defining Compensable Injuries
Section 3208.3 of California’s Labor Code defines compensable psychiatric injuries. According to this section, psychiatric injuries are compensable if they cause disabilities or medical treatment.
In addition, you must receive an official diagnosis from a licensed psychologist before pursuing compensation for your mental injury. California has very strict requirements in this regard, and you must obtain your diagnosis from a board-certified, experienced psychologist.
Section 139.2 of California’s Labor Code describes these requirements in more detail. And you may wish to discuss this section with your workers’ compensation lawyer.
Proving the Existence of Psychological Injuries
You might need to provide proof that your mental injury was caused primarily by work-related factors. Generally speaking, it is more difficult to prove the existence of a mental work-related injury compared to a physical work-related injury.
A workers’ compensation lawyer in California can help you gather compelling evidence that links psychological injuries to your job. Statements from medical experts may prove especially useful in this situation.
It may be easier to prove if your psychological disorder was triggered by workplace violence. If you can establish that a violent act occurred at your workplace, you might need less supporting evidence. For example, you might have developed PTSD after a shooting at your workplace.
Mental and emotional issues are highly subjective, and doctors cannot clearly document them in the same way as a broken arm or a third-degree burn. These “invisible injuries” often manifest subtly in the workplace. Because of these subjective factors, the definition of “disability” is slightly more open-ended in the context of psychological injuries. For example, a worker might lose the ability to communicate effectively, concentrate, or handle demanding tasks without “breaking down.”
That being said, some psychological injuries cause physical symptoms. Examples include stomach ulcers, skin conditions, headaches, heart disease, diabetes, and many others. If your doctors believe that these health issues are stress-related, they could provide compelling evidence of your psychological issues.
The Impact of Psychological Injuries at Work
According to the Centers for Disease Control and Prevention (CDC), mental health issues can affect employees in several ways.
Perhaps most notably, employees suffering from psychological injuries generally struggle with low levels of productivity. Mistakes at work may become common. Many psychological disorders also cause social withdrawal, making communication between employees especially difficult.
Stress manifests physically, often causing increased fatigue, lowered immune systems, and even balance issues. Finally, some mental health issues can make it almost impossible to concentrate at work.
When facing these issues, both employers and employees benefit from psychological treatment and potential time off. Workers struggling with mental health issues can endanger both themselves and others at the workplace — particularly if their work involves heavy machinery or commercial vehicles.
For example, an air traffic controller could accidentally cause a mass casualty event if they feel pressured to work despite struggling with PTSD. Everyone benefits when employees receive workers’ compensation for psychological injuries, which is why it’s so important that California offers workers’ comp benefits.
Workers’ Compensation Laws for Workplace PTSD
You need an official diagnosis to pursue compensation for your psychological injuries. In other words, your injury must be “diagnosable.”
While this might seem obvious, you should know that the American Psychiatric Association (APA) does not recognize many mental health issues as official disorders. For example, “difficulty focusing” is not an official mental disorder — although it may be a symptom of PTSD.
The Diagnostic and Statistical Manual of Mental Disorders (DSM) includes a full list of diagnosable disorders, and this list is constantly changing. Each year, the APA may remove disorders from the list while adding others. For example, in 2022 the APA added “persistent depressive disorder” to the DSM.
The good news is that post-traumatic stress disorder (PTSD) is one of the most widely recognized mental disorders in the world. Psychologists have been studying this disorder for decades, and they have developed clear testing methods to deliver diagnoses.
If you have developed legitimate workplace PTSD, obtaining an official diagnosis from a licensed psychologist should be relatively straightforward.
Senate Bill 542
In 2019, California Governor Gavin Newsom signed Senate Bill 542 into law. This law specifically affects first responders, and it makes PTSD a “presumptive” work-related injury.
Thanks to this new law, peace officers, firefighters, paramedics, and other first responders can seek workers’ compensation for psychological injuries more easily.
If you receive a PTSD diagnosis as a first responder, this law streamlines your access to the full range of workers’ compensation benefits. The main purpose of Bill 542 was to speed up the claims process, giving you faster access to psychiatric treatment and paid time off.
How a Workers’ Comp Attorney Can Help
A workers’ compensation attorney can help you pursue benefits for psychological injuries in several ways. After an initial consultation, your attorney can help you determine whether you qualify for workers’ compensation.
From there, your lawyer can help you gather the evidence you need to prove the existence of your psychological disorder. This will likely involve an official diagnosis from a licensed psychologist. Your lawyer may assist with filing official documents, such as injury reports or Form DWC-1
If insurers deny your claim, your workers’ comp attorney can help you appeal the decision. Insurers might have denied your claim incorrectly, and your lawyer can help you highlight these errors.
For example, insurers might question the legitimacy of your diagnosis. They might also claim that you were an independent contractor, when you should have been classified as an employee.
Finally, your lawyer can negotiate on your behalf with insurers, fighting to ensure you receive a fair settlement that covers the full extent of what you’re owed under California’s workers’ comp system.
Need Workers’ Compensation for Psychological Injuries? Call Us
Workers’ compensation for psychological injuries can prove to be a complex subject. A discussion with a legal professional can provide more targeted, accurate advice — allowing you to fight for your rights confidently. If you’re ready to take your next steps toward compensation, book a consultation with James Koh today.
Frequently Asked Questions
1. Is work-related stress considered a disability?
According to California’s DWC, you can receive compensation for job-related mental stress. However, there is a high threshold of evidence for anyone attempting to prove work-related stress – and this highlights the need for effective legal representation.
2. Does workers’ comp include stress?
Under California law, workers’ comp may cover disabilities that arise from job-related stress. These disabilities may include both mental and physical disorders. However, the DWC also states that “psychiatric stress injuries” caused by normal personnel actions are no longer compensable.
3. Can you get workers’ comp for anxiety?
Workers’ compensation may cover medical costs related to job-related anxiety, such as counseling appointments or medication. However, it may be difficult to recover compensation if you never seek treatment for your anxiety.
Contact Us
If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
