Should you be experiencing a severe stress-related job injury, you could be wondering, “can I even sue my employer for stress and anxiety?”
Though it’s tricky, the quick response to it is yes.
Work stress is rather prevalent, if not more common than workplace injuries. As there are various physical workplace injuries workers could have, serious stress-related ailments will probably cause employees to miss time from work or impede their capacity to carry out their usual job responsibilities.
Unlike physical injuries, stress-related injuries are often quite difficult to identify and link to a single event, have a range of symptoms, severity, and disability unique to every patient, and are given far less attention and benefits from government programs like workers’ compensation. You can get all the relevant information from Newport News workers’ compensation lawyer.
Workers’ compensation claims categories for mental health
Three main groups of workers’ compensation claims, including mental health, exist. They comprise:
- Physical-Mental Injuries
Physical-mental injuries are those resulting directly from or in direct follow-up from physical occupational harm.
An employee who suffers a crippling injury while running heavy machinery, for instance, may also experience severe anxiety from the incident, which, in the most extreme conditions, could prevent them from being able to routinely operate that machinery in the future (once they’re healed from the physical injury).
Since most statestate workers’ compensation laws acknowledge these ailments—which are directly due to a physical workplace injury—they are the easiest workers’ compensation stress claims to win among the other two kinds of stress-related workplace injuries.
- Mental-Physical Injuries
Physical injuries, known as mental-physical ones, arise from severe mental stress experienced in the workplace.
The development of stomach ulcers in workers who work long hours under intense strain and stress is one of the more typical instances of mental-physical workplace harm.
These injuries are more difficult to identify and relate to occupational activity since they are not usually connected to a particular damage or mishap.
This helps to explain why successful workers’ comp claims for stress-induced ulcers and other mental-physical ailments are far less common than those for other mental injuries.
- Mental-Mental Injuries
Mental-mental injuries are those brought about in the workplace by psychological trauma. Extreme cases of mental-mental injuries include post-traumatic stress disorder brought on by a violent workplace incident, like a robbery or hostage scenario. They might also follow from workplace verbal harassment and abuse.
Anxiety, chronic depression, panic attacks, insomnia, and suicidal thoughts are common manifestations of mental-mental traumas. Workers’ compensation laws often encompass mental-mental injuries since they are commonly connected to unusual work conditions and occurrences; nonetheless, claims depend on a lot of evidence to be successful.
People looking for workers comp benefits for stress-related ailments will have to check the particular legislation in their state to find whether injuries qualify for benefits and the best approach to submit a workman’s comp claim for stress in their state.
How to File a Workers’ Comp Claim for Stress?
Stress-related workers’ compensation claims are filed according to this approach.
1. One should immediately notify your company of the injury.
2. Tell your doctor the damage is due to your job and seek quick medical attention.
3. File your Department of Labor and Industry workers’ compensation claim.
Conclusion
Every workers’ compensation claim is challenging. However, you should see a seasoned workers’ compensation attorney if you need to know how to submit a workplace stress claim. Although emotional injuries are real, getting an insurance company to agree might prove difficult.
References
- https://www.krasnolaw.com/blog/workers-comp-for-stress#:~:text=Because%20mental%2Dmental%20injuries%20are,of%20proof%20to%20be%20successful.
- https://blog.dol.gov/2024/05/03/did-you-know-workers-comp-covers-mental-health
- https://www.trollingerlaw.com/blog/can-i-file-for-workers-compensation-for-work-stress/
- https://www.wilg.org/?pg=WILGBlog&blAction=showEntry&blogEntry=65292
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