Getting stressed at work is unavoidable and can result in anxiety. If you have an overly stressful job which is resulting in anxiety, and is affecting your ability to do your job properly, then you may be eligible to get workers’ compensation for stress and anxiety. However, the only thing to remember here is that the anxiety must be work related.
The golden rule for all workers’ comp claims is that the injury or anxiety disorder you are trying to get compensated for must be work related. This means that the injury must have been caused as a result of your work duties, or certain conditions at the workplace which may have aggravated the problem.
For example, if the employee suffered a physical illness, such as a heart attack as a result of job related stress, or they developed anxiety or PTSD as a result of a serious injury sustained on the job, they may be able to receive workers’ compensation benefits. However, if the anxiety disorder is so severe that it will prevent them from working on a permanent basis, then they may want to file for Social Security Disability instead of workers’ compensation.
Compensation for anxiety disorders
The laws concerning workers’ compensation vary from state to state. A worker may be eligible to get compensation for workplace anxiety disorders in one state and may not be eligible for them in another state. States like California, Michigan, New Jersey and New York allow workers to get workers’ compensation for anxiety if they can prove that their job was the contributing cause of the anxiety. Other states like North Carolina will only provide workers’ comp if the workplace injury was caused by an accident that “qualifies as a specific traumatic incident.” In such states, the worker cannot get compensation for anxiety unless they can prove that the anxiety was caused by one specific traumatic incident.
Getting workers’ compensation for mental health issues such as anxiety can be extremely difficult. Although severe anxiety is real, and it may actually have been caused due to job related stress, the case may be extremely hard to prove, resulting in an unsuccessful outcome in most cases. The employee has a right to file a claim, but unless it can be proven that the injury or illness occurred at the workplace or was a direct result of working, chances of receiving any kind of benefit are slim.
Therefore, it is advised to contact a competent and experienced personal Injury lawyer who can handle your case. Do your research and try to understand the workers’ compensation laws in your state. Seek professional legal assistance and then decide how to move forward. In most of these cases, the claimant is hardly granted permanent disability benefits. The most promising outcome one can expect in such cases is temporary benefits for disability which cover your medical expenses while you take a short leave from work. If nothing works, you may want to look for different employment opportunities and consider getting treatment for your mental health issues.
Killham Law Office helps clients facing Criminal & DUI Defense cases throughout the state of Arizona.