What psychological injuries are covered?

In order to receive workers’ compensation for a psychological injury, you will have to prove that you have been diagnosed with a medical condition that requires treatment. Some psychological injuries that may be covered include stress, anxiety, and depression. Additionally, if you have experienced any of these or other mental disorders as a result of chronic pain from a physical injury at the workplace, you will be eligible for workers’ compensation.

What’s not covered? 

You won’t be eligible for workers’ compensation for psychological injuries like anxiety or depression if your superiors have followed the appropriate HR protocol for filing performance reviews and complaints or denying promotions. However, if your boss or supervisor has not followed the correct protocol, or they have shown you discrimination in other ways, and their treatment of you has led to a psychological injury, you will likely be eligible.

How do I prove a psychological injury? 

In order to be eligible for workers’ compensation due to psychological injury, you have to have been at your job for more than six months. You’ll also have to prove that you have been diagnosed with a psychological disorder by a doctor or therapist and that the majority of the consequences of your condition (51% or more) were work-related. Things like medical records and family health history may also be examined when determining your eligibility. While it can be challenging to prove that psychological conditions were definitely caused by work-related factors.

If your job is causing excessive mental distress, or if you have been the victim of workplace discrimination or other psychological abuse, call Gerard Law today to speak with an attorney about filing a workers’ compensation claim.