Proving Stress-Related Injuries to Get Workers’ Compensation: EXPLAINED

Proving Stress-Related Injuries to Get Workers’ Compensation: EXPLAINED

Regardless of your job position, chances are, you have been stressed at work at least once in your life. And we aren’t talking about a brief moment when there’s a sudden increase in heart rate

We’re talking about such symptoms of physical stress as insomnia, headaches, low energy, upset stomach, tense muscles, chest pain, frequent colds, weak immune system, and even a loss of sexual desire…

Believe it or not, if these symptoms of stress are caused by work environment or something related to your job, you may have a workers compensation claim on your hands.

But it’s too early to celebrate just yet, our Los Angeles stress related injury attorney William J. Kropach warns. The most difficult part is yet to come: proving that your illness or injury was caused by stress, which, in turn, was triggered by certain work conditions.

Are you entitled to workers comp if you’re stressed out?

Whether your work-related stress resulted in temporary or permanent impairment, you may be entitled to workers compensation benefits, our lawyers say.

Don’t be naive to even think for a second that you can easily prove a stress-related claim and collect such workers comp benefits as lost wages, medical bills, loss of earning capacity, and others.

It may sound like a no-brainer, but a stress-related injury is not like a typical workplace-related injury. After all, if you break your finger at work, all you have to do to prove that you were injured in the workplace is to show your broken finger to a medical professional. The same goes for any other orthopedic or neurological impairment, which can be detected, diagnosed and reviewed by a doctor.

With stress-related workers compensation claims, however, you will have a much higher burden of proof, as you will have to prove that your illness or injury was caused by stress, which occurred in the workplace or was a result of certain work conditions.

How serious are stress-related injuries at work?

While the mere notion of stress being a culprit behind workplace injuries may sound absurd, do not underestimate the seriousness of stress. After all, a stressed-out employee may feel anxious, mental distress, and/or have his decision-making abilities, focus, attention span, and reaction time negatively affected by stress.

These, in turn, can put an employee at a higher risk of a workplace injury. Our best stress related injury lawyers in Los Angeles at Law Offices of William Kropach conclude: yes, stress-related injuries are compensable under California workers compensation laws, but it doesn’t make proving stress-related injuries any easier.

Your stress-related injury must meet these requirements:

In order to be entitled to workers compensation benefits, you must meet certain requirements:

  • Prove that certain workplace conditions or actual events of employment were the predominant cause (51%) among all of the combined causes of your stress-related injury.
  • You have been employed by this employer for at least six months (this half a year does not need to be continuous).
  • Your stress-related injury, aka psychiatric injury, was NOT caused by “lawful, nondiscriminatory good faith personnel actions.”
  • Your injury claims are supported with a competent physician’s testimony, which must be based on a detailed review of your health conditions, prior medical history, personal problems, and other factors.

As you can see, there have to be a lot of facts and medical proofs to make a workers compensation claim for a stress-related injury. That’s why it’s highly advised to be represented by an Los Angeles workers compensation lawyer who would evaluate your case, determine the full value of your injuries, and prepare a viable claim proving that your injuries occurred at work and/or were caused by workplace conditions.

Consult our attorneys at Law Offices of Kropach & Kropach to get a free consultation today. Call our Los Angeles offices at 818-609-7005 or complete this contact form for a free case evaluation.

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