Can You Receive Workers’ Compensation for Stress or Anxiety in California?

Not all workplace injuries are physical. Many of us can relate to stress at work at some time or another. Some kinds of work-related stress have a short duration, like those involving a big project or pressing deadline. Others, however, persist over time, which can result in serious mental health problems. Here, our Los Angeles employment attorneys discuss workers’ compensation opportunities for stress and anxiety in a California workplace.

Can you get workers’ compensation benefits for stress, just as you would for any other physical injury? There’s no simple answer. California does not have a law explicitly covering stress relief, but workers’ compensation laws do allow you to file a claim for psychiatric injury arising from workplace stress. Additionally, the Family Medical Leave Act and California Family Rights Act may enable you to file for unpaid leave.

How to file a stress claim at work

How Do You Get Workers’ Comp Benefits for Stress?

California employees who suffer from work-related stress may be able to receive workers’ compensation benefits under certain circumstances. If you have a diagnosis of a mental health or psychiatric disorder that needs treatment and arose or worsened due to your work, your employer must provide workers’ compensation benefits and keep your job open for you while you recover.

According to California Labor Code 3208.3, you may be able to collect workers’ compensation benefits for psychiatric injury if the following apply:

  • You worked for your employer for at least 6 months
  • You have a psychiatric condition outlined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V)
  • You can show that the actual circumstances of your employment caused your psychiatric condition, by at least 51% or more
  • The personnel actions that your employer took in good faith (e.g., reasonable criticism of your punctuality or attendance, or decisions about qualifying for a raise or promotion) did not cause your condition.
  • The process of litigation itself did not cause your condition
  • You filed a claim based on a psychiatric condition after notification of your job termination, unless your employer knew about your injury or treatment before termination.

It’s important to note that the DSM-V does not define “stress” as a psychiatric condition. However, it may be a symptom of other conditions like generalized anxiety disorder or major depression.

You Must Have Physician Confirmation

In addition to the preceding requirements, you must have a detailed physician’s testimony that backs your workers’ compensation claim. Your physician must submit information pertaining to your health history, job satisfaction, and more. The physician’s statement must also include additional information like objective test data, personal records, and depositions from co-workers, family, or friends.

Receiving workers’ compensation benefits for psychiatric injury is possible, but it’s more difficult than other types of claims. Part of this is because psychiatric injuries are harder to “see.” If you want to file a workers’ compensation claim for a psychiatric injury, it’s best to hire an employment attorney who can help you through the process.

What are the FMLA and CFRA and Stress Laws?

If your physician determines that your stress constitutes a serious threat to your health, but you cannot get workers’ compensation benefits, you can still receive unpaid leave and enjoy job protection under FMLA. If your employer tries to deny leave, shorten your leave, or intimidate you into not taking FMLA for job-related stress, you could sue them for damages.

FMLA and CFRA provide good alternative options if your stress or anxiety interferes with your ability to do your job and you need time away, but cannot qualify for benefits under the workers’ compensation system since you do not have a DSM-V psychiatric injury or mental disorder.

California’s workers’ compensation laws are complex and can be confusing to navigate. Our Los Angeles employment lawyers can help you understand your legal options. Contact us today and we can help you better prepare for your next steps as you face job-related stress and anxiety.