Who Is Eligible to File a Workers’ Compensation Claim for Stress and Anxiety?

Most employees are eligible for workers’ compensation if they are injured on the job, including injuries related to stress and anxiety. This includes full-time, part-time, and even remote employees, as long as they are classified as employees—not independent contractors. The key is that the stress or anxiety must have arisen during the course of employment and be properly documented by a medical or mental health professional.

How Can I Support a Workers’ Compensation Claim for Workplace Stress?

To strengthen a stress-related workers’ compensation claim, it’s important to document specific incidents that caused stress, keep employment records showing excessive workloads or unreasonable demands, and gather witness testimony from coworkers who observed the impact. A mental health professional should diagnose and document symptoms, which can include anxiety, sleep disturbances, digestive issues, or trouble concentrating. Working with an experienced workers’ compensation attorney ensures that all necessary evidence is properly presented and helps if the claim is initially denied.

Mental Health & Workers’ Compensation: Can Stress or Anxiety Qualify? - Work Injury Advisor

Do you consider your job to be stressful? It’s hard to imagine any worker not occasionally experiencing stress on the job. Whether you’re up against a deadline or angling for a promotion, stress can flare up.

According to the American Institute of Stress, 2 out of every 5 workers find their job “very stressful.”

It’s when that stress rises to a level that prevents you from working that it becomes a problem and a potential workers’ compensation claim.

Who’s Eligible for Workers’ Compensation Benefits?

Workers’ compensation can be thought of as a backup insurance policy for workers that they don’t have to pay for. Most states require businesses with at least five employees to provide workers’ compensation insurance. It is a no-fault program that provides compensation for medical expenses and a portion of lost wages for any worker injured on the job.

The key element in a claim is the worker’s status. You can be a full- or part-time worker. You can also be a remote worker, but you have to be an employee. That means an independent contractor would not be eligible, regardless of how long they have worked for the company or the number of hours completed.

Another critical factor is that the injury must have occurred during the course of employment.

This is where applying for benefits related to stress and anxiety can be complex. Physical injuries are often easily identified through imaging exams. However, you can’t “see” stress; you can only experience it, and those experiences manifest in different ways for different workers.

Although many states allow workers to file claims for stress and anxiety, it helps to understand the limitations of those claims and what would lead to a possible denial.

How to Establish a Stress and Anxiety Workers’ Comp Claim

As with any type of workplace injury, your stress and anxiety need to be correctly diagnosed. This isn’t a condition that happens instantaneously. Instead, your stress can accumulate gradually. In addition to stress generated from the job itself, it can also arise in the aftermath of an injury.

It’s essential to reach out to a mental health professional to discuss what is going on so that they can help identify the type of anxiety you’re dealing with.

According to the Mayo Clinic, anxiety can manifest with the following symptoms:

Feeling nervous, restless, or tense.
Having a sense of impending danger, panic, or doom.
Having an increased heart rate.
Breathing rapidly (hyperventilation).
Sweating.
Trembling.
Feeling weak or tired.
Trouble concentrating or thinking about anything other than the present worry.
Having trouble sleeping.
Having an upset stomach or other digestive problems.
Having difficulty controlling worry.
Having the urge to avoid things that trigger anxiety.

Those symptoms can be documented and verified by your mental health professional.

To support your workers’ compensation claim, you’ll probably be asked to document the following:

Stress Incidents

Create a log of specific dates, times, and descriptions of stress-inducing incidents. This can include incidents that involved conflicts with supervisors or coworkers. It can also include specific examples of harassment and pressure from your excessive workload.

Employment Records

You should obtain copies of emails, texts, and any other communications from managers to demonstrate unreasonable demands. You can also include your work schedules to show that you were required to work excessive hours.

Witness Testimony

You can obtain testimony from coworkers who observed how the job stress impacted your work.

Getting the Right Help

While it might seem that applying for workers’ compensation because of work-induced stress will generate more stress, it doesn’t have to be that way. An experienced workers’ compensation attorney can help you prepare your claim and ensure that you have all the correct support documentation.

If the workers’ compensation insurance carrier denies your claim, your attorney can help you file an appeal and represent you at the review board hearing. If approved, your workers’ compensation benefits could provide you with wage benefits if you’re unable to return to work or need to seek another job. Your benefits can also cover the cost of ongoing therapy.

A skilled attorney who is familiar with your state’s workers’ compensation laws will be in the best position to help you receive the maximum benefits allowed. At Work Injury Advisor, we have the resources to help you get started.

That will be a great stress reducer.

Mental Health & Workers’ Compensation: Can Stress or Anxiety Qualify?