What You Need to Know About Workers’ Compensation Claims for Emotional Distress in California
Workers’ compensation is a common benefit and is known to compensate for physical damages. Here’s what you need to know about workers’ compensation claims for emotional distress in California.
Workers’ compensation in California includes “psychiatric injuries” in addition to physical ones, meaning that employees who suffer from emotional distress caused by work are eligible to file a workers’ compensation claim.
What is Workers’ Compensation?
Workers’ compensation is a form of insurance that provides compensation and repayment of damages to employees injured or harmed while working, while employees give up their right to sue their employer for these damages. Compensation can take the form of monetary benefits or medical payments.
Related: California Workers’ Compensation Laws
Requirements to File a Workers’ Compensation Claim for Emotional Distress
Unlike physical injuries, it’s difficult to prove the tangible effects of a psychiatric injury (such as detriments to mental health or emotional distress). Because of this, the California Labor Code outlined the following requirements that individuals filing workers’ compensation claims for psychiatric injuries must meet.
- The individual must have a diagnosed mental disorder.
- The individual must have required medical treatment or experienced an inability to do some or all of their work due to the mental disorder.
- The individual must have worked with the employer for at least six months (this period does not have to be continuous), unless the psychiatric injury was due to a sudden, extreme cause.
- The individual must prove that “actual events of employment” were the “predominant” reason behind their psychiatric injury.
Related: Workers’ Compensation: File and Prove a Claim
What Does “Predominant” Mean?
In the context of workers’ compensation for psychiatric injuries, an individual filing a claim must prove that actual events or occurrences during their employment were the “predominant,” or main reason behind their psychiatric injury. In order to qualify for workers’ compensation, an employee must prove that work was the main cause of their stress despite other stressful circumstances that may have been taking place in the individual’s personal life. In numbers, work must have made up at least 50% of the individual’s stress.
An individual’s claim could also be denied if it is found that a legitimate, non-discriminatory personnel action, such as criticism of the individual’s work, was responsible for the psychiatric injury. The claim could also be denied if it was filed after the individual was fired or laid off.
FAQs About Compensation Claims for Emotional Distress Workers in California
What kinds of benefits am I eligible to receive for my psychiatric injuries?
It is most likely that you’ll be eligible for medical benefits to pay for the treatment of your injury, as well as short-term disability benefits.
What if my psychiatric injury is a result of a physical injury caused by work?
Generally, it is easier to prove the legitimacy of psychiatric injuries caused by physical injuries. Known as “compensable consequences,” these injuries will most likely result in benefits such as medical payments and temporary disability benefits.
Are there any exceptions to the 50% rule or to the six-month rule?
If the psychiatric injury developed due to a violent act, the employee filing for workers’ compensation must prove that work resulted in at least 35 to 40% of their stress, rather than 50%, and if the psychiatric injury developed in response to a sudden, extreme cause, the worker does not need to have worked with the employer for at least six months.
How can I prevent psychiatric injuries due to work?
There are a number of available resources for employees who may be suffering from psychiatric injuries due to work, including the National Institute on Occupational Health & Safety, the California Psychological Association, and the Service Employees International Union.
Contact Us
If you have any more questions about workers’ compensation claims for emotional distress in California, contact us. We’ll get you in touch with the most qualified attorneys for your unique legal matter. Get your free consultation with one of our Work Injury Attorneys in California today!