How to Prove a Stress-Related Injury

admin_williamkropach

Mentioning workplace injuries tends to bring to mind images of broken bones, slipping on a wet or uneven surface, being hit by a falling object, or similar physical injury. However, the reality is that stress-related injuries can be just as damaging and debilitating as any of the physical injuries mentioned earlier. As the symptoms, and the source of the pain, aren’t visible to others, stress-related workplace injuries can be quite difficult to prove, but a great Los Angeles attorney can help you make yourself heard.

Stress-related injuries and workers compensation claims

California law currently recognizes stress-related workplace injuries, but only where the stress has led to the development of another mental health issue. The stress, no matter how it’s affecting your daily life and ability to work, is not enough for a valid workers compensation claim. However, with the help of a Los Angeles stress-related injuries attorney, you can prove that your case is valid, providing that some conditions have been met.

Before a stress-related injury can be compensated under a workers compensation claim, it must fall under the remit of one of the mental disorders listed in the Diagnostic and Statistical Manual published by the American Psychiatric Association. Recognized mental disorders, in terms of a workers compensation claim, include:

  • Post-traumatic stress disorder (PTSD)
  • Adjustment disorder
  • Anxiety disorders
  • Depressive disorders
  • Dissociative disorders

How to prove a stress-related injury

As stress-related injuries aren’t as straightforward as physical workplace injuries, it’s recommended that you hire an experienced attorney to act on your behalf. A stress-related injuries attorney will have detailed knowledge of the mental disorders which can qualify you for workers compensation, as well as the additional conditions that must be satisfied.

For a stress-related injury to become eligible for a workers compensation claim, you, or your attorney, must prove that:

  • Your job is at least 50% responsible for the stress you are under
  • You have worked for that employer for at least 6 months, although this does not have to continuous employment
  • The predominant factor contributing to your stress must not be a good-faith, non-discriminatory personnel action

As you can imagine, there’s a lot of material to cover there, before you even get into the potential arguments and justifications your employer and their attorney may offer in defense of the rejected workers compensation claim. The last thing your stress-related injury needs is yet more stress, so don’t attempt to take the full burden on your own shoulders – let a specialized stress-related injuries attorney do the work, while you focus on recovering.

Get help from a Los Angeles stress-related injuries attorney

You deserve to have your physical, mental and emotional wellbeing protected while you’re doing your job. You should feel safe at your place of work, and feel emotional well enough to enjoy quality time with your family and friends and to enjoy yourself indulging in your favorite hobbies.

If this is no longer true, a Los Angeles stress-related injury lawyer could dedicate their knowledge and expertise to getting your working life back on track, and securing the compensation you’re entitled to.

Call us today on 818-609-7005 to find out what we can do for you.

Share Us With
Call Us

    Contact Us

    All Fields are required
    By clicking submit you are agreeing to the Terms and Conditions.