Is Your Work-Related Sleep Disorder Compensable Under Workers Compensation?

You may be surprised, but your sleep struggles, insomnia, and toss-and-turning can be compensable under California’s workers compensation laws. Find out how to receive workers comp benefits for your work-related sleep disorders.

The vast majority of workers in Los Angeles and elsewhere in California may not realize this, but if the quality of your sleep has been negatively affected by your job, you may be entitled to workers comp benefits.

Our workers comp attorney in Los Angeles William J. Kropach explains that sleep disorders – or the so-called sleep injuries – can be considered a work-related injury as long as they are caused by a work-related physical injury.

Claiming workers comp benefits for a sleep disorder: Limitations

But before we delve into the topic of workers compensation and sleep disorders, let’s define what a sleep disorder is. If you are unable to go to sleep or maintain sleep for an adequate period of time, you probably have a sleep disorder, which includes but is not limited to insomnia, narcolepsy, sleep apnea, and others.

In 2013, California passed a series of laws that introduced several limitations preventing workers in Los Angeles and all across the state from claiming Permanent Disability as a result of a sleep disorder (and, therefore, preventing them from seeking workers compensation benefits).

But do not lose your sleep over California’s new laws (no pun intended), as you can still claim workers comp benefits if you have sleep struggles or insomnia caused by your job.

Pursue workers comp benefits for a sleep injury

If you read California’s Labor Code Section 4660.1, you will notice that there are quite a few limitations when it comes to pursuing a workers comp claim for a sleep disorder or sleep injury.

However, our workers compensation lawyer in Los Angeles from the Law Offices of Kropach & Kropach says that you can still pursue a workers comp claim if your sleep disorder is the direct result of your on-the-job physical injury. In that case, you will most likely be allowed to claim permanent impairment.

Since your sleep disorder can be a compensable consequence of your workplace physical injury, you can also claim other benefits under California’s workers compensation laws.

Loopholes in California’s workers compensation law

After thoroughly examining California’s Labor Code Section 4660.1, our Los Angeles workers compensation attorney William Kropach noticed one astonishing – and quite useful – a loophole. While California laws have several limitations when it comes to claiming permanent disability for sleep disorders, there are no limitations in claiming medical treatment for sleep injuries that are a compensable consequence of a workplace injury.

So at the very minimum, if you suffer from a sleep disorder caused by your work, you may be able to get medical treatment through a workers compensation claim. Find out how to file a workers compensation claim in Los Angeles by consulting our attorneys at the Law Offices of Kropach & Kropach.

How your work can trigger a sleep disorder

You are probably wondering what role your job could play in causing or aggravating your sleep problems. In reality, your job can cause a work-related sleep disorder due to one of the following factors (or a combination of these factors):

1. You are under too much pressure at work (tight deadlines, work overload, etc.);
2. You are being discriminated against or harassed at work, which negatively affects your psychological and mental health;
3. Your workplace environment is making you anxious, depressed, and caused a plethora of other problems that can keep you awake at night;
4. Shift work can result in a sleep disorder;
5. Sleep struggles can be one of the effects of a psychiatric injury suffered in the workplace;
6. Sleep apnea can be caused by work-related weight gain (for example, if an orthopedic injury makes it impossible for an individual to be active and maintain one’s physique);
7. A worker is in too much pain at night due to his workplace physical injury.

This is only a non-exhaustive list of how your job can cause a sleep disorder. If you want to claim your workers compensation benefits for a sleep disorder, speak to our best workers comp attorneys in California. Contact the Law Offices of Kropach & Kropach to get a free consultation today. Call at 818-609-7005 or complete this contact form.