When many people hear about workers compensation, they presume that they become eligible for the claim when they sustain a certain kind of injury while at work, like falling from a high place, losing a finger in a machine accident, or even a machine crushing them. A workers’ compensation claim covers more than injuries resulting from accidents. It also provides relief to the employees suffering work-related illnesses, including mental illness.
Physical illness and injuries are easy to identify. For instance, when you inhale a dangerous chemical while at work, it will be understandable and you will be entitled to workers' comp benefit resulting in sickness. However, when you suffer an invisible illness like anxiety and stress, you might find obtaining the worker's comp benefit challenging since the connection is not obvious. But it’s important to note when your physician diagnoses you with anxiety or stress related to your workplace; you should obtain workers comp benefits.
The legal process might be challenging, especially when it’s your first time. You might even be worried about where to begin for you to obtain the benefits. That’s why you want to seek legal help from a competent workers comp attorney. At The Workers Compensation Lawyers Law Firm, we will help you make a solid claim to obtain benefits by documenting your psychiatric injuries and guiding you until the final step. Thus contact immediately you suffer a psychiatric injury in Los Angeles, CA.
What are Psychiatric Injuries?
Psychiatric injuries under California worker's compensation are mental disorders that might attract disabilities and need medical attention. For instance, Veronica is a nurse and handles patients with cognitive difficulties. The incoming patients are stubborn. Her supervisor keeps pushing her to work extra hours and claims she is lazy. Thus she becomes stressed with the working conditions. Then she loses appetite, and she cannot even sleep. Sometimes she feels like she has a heart attack. When she visits a doctor for an examination, the medical expert recommends she undergo anxiety treatment. Thus she may file a petition to claim psychiatric injury compensation since she firmly believes the anxiety is work-related.
Psychiatric Injuries Claim
When you suffer psychological injuries and want to file a workers’ compensation claim, your compensation claim will fall under any of the following psychological injuries;
Mental-Physical Injuries
Your mental distress will probably result from your physical injuries. For instance, when you work in a company where you have to work correctly and perfectly; otherwise, the company terminates your contract, the stress and worries on your mind might result in mental and physical injuries. Again severe heart attacks, ulcers, and migraines are common results of your mental distress.
Physical - Mental Injury
The second category is physical-mental injury. A physical event results in a mental injury. When you sustain injuries in your workstation while using a tool or equipment, it might attract a level of fear or anxiety, making it difficult to continue operating the tool or equipment while at work.
Mental - Mental Injury
Remember, worker's compensation will differ from state to state. Several states don’t even recognize mental-mental illness or injuries as fit for workers' compensation. The injuries occur as an effect of psychological trauma you experience while at your workstation. For instance, a gang robs your bank, or an explosion takes place at your workplace. It's more likely the experiences will make you build up anxiety or depression when you feel your life is endangered. Discuss with your workers’ compensation attorney to determine the type of mental disorder you face.
Eligibility for Workers Compensation Claim?
As per the state laws, every business hiring more than one employee is required to commit itself to a workers' compensation arrangement. However, other companies are exempted. For instance, the law exempts federal employees, certain classes of agricultural workers among others.
Workers comp is a system that is a no-fault to the workers suffering work-related injuries. In California and other US states, the law requires employers to purchase this kind of insurance. Since workers comp is a no-fault, you will not need to prove your employer did something for you to obtain the benefits.
To qualify for the worker's comp system, you must be an employee and not an independent contractor. From that point, you will be eligible for workers comp benefits when you suffer any work-related injuries. For instance, when working with a computer throughout, you may develop carpal tunnel syndrome due to repetitive typing. The condition will make you qualify for workers' compensation benefits.
Examples of Mental Injuries
What do you think are the common causes of psychiatric injuries at your workstation? The following are the common forms of psychiatric injuries at the workplace:
Bullying and Harassment
One of the most common causes of mental injuries is bullying and harassment. Sometimes you might be bullied by your co-worker or employer; thus, you end up developing psychological injuries. Bullying may take various forms, including social, psychological, verbal, or physical. Also, bullying might occur when you’re excluded from a gathering or in the company lunch break room. A co-worker may bully you through mind games. For instance, they may demand you undertake pointless tasks, trips, or push you when walking. Another severe form of harassment involves sexual harassment, mainly when conducted by the employer or supervisor. However, many workers fear losing their jobs once they report the crime.
Shift Work
As per recent studies, shift works come with numerous effects. The studies show that many people working for long hours during nighttime suffer a series of health issues, including diabetes and chronic fatigue. In 2016, British research indicated nurses and doctors working at night shifts had significantly lower levels of work satisfaction because of physical or psychological stress.
When you work at different hours than the other employees, you may end up developing frustration. If you work at night time, you are more likely to suffer physical and psychological symptoms since you know in your mind you’re losing critical social events and your family.
Customer Service
Many workers dealing with customers have a story to tell about hair-raising encounters with the customers. In many instances, interacting with challenging or irritating customers is a part of their job. For example, when dealing with harsh or difficult customers, you will more likely be left with stress even after they leave your business. You might worry about what will occur when the irritated customer comes back next time for a similar encounter. Thus psychological stress is a real encounter in this case.
Job Insecurity
Several years ago, employees mainly worked on one career for their entire life. However, the situation is not anymore. The possibilities of organizational restructuring, merging, and downsizing leaves many people emotionally stressed. Recent studies indicate job insecurity plays a significant role in employees ' physical and mental health. The stress attracted by job insecurity is much greater than smoking.
Many employees dealing with job insecurity will worry about paying their mortgage, providing for their families, and even providing health care to their loved ones. When the employer keeps you in a constant state of restlessness, this stress will affect you for several years.
Heavy Workload
Heavy workload is another common cause of mental disorders. Your employer might ask you to handle many tasks regardless of your industry. Illness, unfilled vacancies, or economic pressure may lead you to work twice under the employer's conditions. Prolonged workload pressure in your company may attract the following:
- Problems in sleeping
- Anxiety
- Depression
- Poor performances
An employer may even set unrealistic goals. Ths the purposes may leave you feeling stressed and inadequate about your performance. So, if you reach a point and decide to leave the workload, then it means you are at the highest level of occupational stress. Thus you may end up suffering significant health problems.
When You Should File for a Psychiatric Claim
When you suffer psychological injury due to work conditions, you consider it like other work-related illnesses and injuries. You will have at least 120 days to report the psychological harm to your employer. Sometimes you might not be aware of your psychological harm until your physician diagnoses it. So, if you know your injury after diagnosis, you will have 120 days from the day of diagnosis to report the injury to your employer.
When your employer decides to deny you your worker comp benefits, you will have at least three years from the date of your injury or diagnosis of the psychological injury to file a worker’s comp claim. So, when your physician diagnoses you with a psychiatric injury, you want to report the injury to your employer right away. Remember, many employers don’t wish to pay their injured workers in any case. They are even reluctant to compensate you after you suffer a psychological injury while at the workplace. Thus, when you ignore filing your claim until the last minute, the insurance company might argue you were not hurt since you took a long period before filing the claim.
It's recommended you discuss the matter with your worker's comp attorney after your physician diagnoses you with psychological injury. The attorney will guide you on preparing your claim and ensure you receive the compensation you deserve.
How to File a Mental Stress Claim
Workers comp covers any form of work-related psychological injury. When you suffer psychiatric injury, your employer and their insurance agency have to provide you with workers comp benefits. Proving psychological injuries might be a challenging situation. Thus the judges will require reasonable proof for the alleged injuries. As an employee, you want to prove your work condition is abnormal. Therefore when you strongly believe you suffered an abnormal degree of stress at your workstation, you want to follow the following steps to claim compensation for the sustained psychological injuries:
Report the Injury to Your Employer
The first step you want to make is to write a formal report to your employer about the psychological injuries you suffer. Ensure you follow the business's or company’s regulations when filling the report. The report will become a part of your working records, and the company may decide to use it when you seek a workers comp claim.
Talk With a Trusted Co-worker
It's recommended you share your feelings about the psychological injuries with your co-workers. Also, ensure you make a note about the workers' observations. Remember, you might use these notes as a piece of evidence later when seeking worker's comp claims.
Let a Psychiatrist, Psychologist or Physician Examine Your Situation
When the above experts examine you, it's more likely they will report the nature of your injuries. As you know, medical evidence is vital for compensation, especially when you are handling psychological injuries.
Document Any Case of Stress Manifesting in a Physical Manner
You may write down instances of your experience, including panic attacks, suicidal thoughts, and lack of sleep. The evidence will be vital when seeking your workers' comp benefits.
Maintain a Journal
When you are handling workstation harassment and bullying, you must keep a journal. So, keep a record of dates, events, and full names of every person nearby when the alleged harassment or bullying occurred. Also, record what your supervisor or employer said and how you responded. Be specific. Remember the information will be helpful when you are trying to convince the court about your psychological injuries.
What Happens When Your Claim is Approved?
When the court approves your workers' comp claim, your employer and their insurance providers will cater for your treatment, including therapy and medications covered by your employer's expenses. By working with a psychiatrist, you will have the tools you deserve to cope with the demands of your workstation when you go back to work. Also, you will be well equipped for future stressful circumstances and even deal with the increased demands of other employment centers.
Not only will you obtain lost wages and financial support to cover your treatment costs, but your employer might even improve or change the situation of your workplace. When your employer becomes aware of the hazardous conditions in work, they will change the situation to avoid the injuries from reoccurring in the future. The government usually encourages the employer to work on the situation brought into light by the employees once they file for a workers comp claim.
What Happens When Your Claim is Denied?
You must note your comp claim might either be denied or granted. So when the court denies you the workers comp claim, your health insurance agency will cover your therapy costs. Although it will not help you recover the lost wages, it will help you improve your quality of life.
Proper treatment and therapy will give you the tool to copy with the changes brought by the injuries regardless of the injury cause. Also, working with a well-trained therapist will allow you to quickly recover and return faster to your work and reduce the chances of permanent disabilities.
What are the Potential Compensations for a Psychiatric Injury?
Just like any other work-related illness and injuries, psychological injuries will qualify for workers' compensation benefits. So, you will receive compensation for the following:
- All the relevant medical costs will be covered, including transportation costs you encounter when traveling to the hospital to receive medication or checkups.
- You will also qualify for wage loss benefits. The benefits will cater for two-thirds of your total weekly wages provided you are unable to continue working.
- You will also receive vocational training in case you require a new job.
- When the physician claims you can continue working with restrictions and your employer agrees to give you a new job but fails to pay you your initial salary, you will become eligible for two-third of the difference between your two positions.
Long Term Treatment
When your psychological condition is extreme, workers comp claim will help you fully recover without rushing back to the same work which attracted the injuries. The interaction with the professional psychiatrists will help you recover quickly and move back to your workplace as soon as you fully recover. If you are suffering from depression, PTSD, or any other related condition, your treatment might continue for several years until you cope with the environment which caused your injuries.
How to Prove Psychological or Psychiatric Disorder
Under a workers comp case, when your employer challenges your claim, you will have the burden to prove the injuries are work-related and not a pre-existing or external source. When you have a physical injury, proving the injuries will be an easy task. However, for your mental illness, you might find it challenging to prove.
You will require medical evidence to prove a psychological or psychiatric disorder. The evidence must come from a skilled health care provider experienced in diagnosing psychological disorders. The court will give greater weight to the evidence obtained from a psychologist or psychiatrist than a general practitioner. As the injured worker, you will have a hard time proving you suffered work-related psychological injuries in your workers' comp claim.
Many psychological disorders will arise over time due to the difficulty or nature of your work. So, you may even find it harder to prove the injury was work-related. For example, you may develop anxiety when your employer is harsh, abrasive, and inflicts unreasonable deadlines. However, it will be difficult to prove the anxiety was not a result of another different source.
The best way to overcome challenges when providing psychiatric injuries is to work closely with a mental health expert. The expert will prove your anxiety is a result of your workplace and even issue a testimony. Documenting the instances in your workplace which come with high levels of anxiety and stress is essential.
How to Make Your Psychological Injury Claim Successful
To make the workers comp claim an easy process, you first want to prove you sustained the psychological disorders while at the workplace. Your employment must be the contributing factor to your injuries. The act will provide a comprehensive definition of the term injury. Injuries usually include aggravations of pre-existing injuries helpful to you when you have a pre-existing mental illness. The court will not consider the psychological or psychiatric disorder an injury when the act arises from:
- A show that could have been reasonably managed.
- Your perception or expectation from a manageable action.
- Actions are taken by a self-insurer, WorkCover, or compensation regulator which relate to worker's compensation.
Reasonable management activities will include an action taken to discipline, retrench, demote, redeploy or dismiss the employee. Also, it includes actions linked to your employment. When your employment was the great contributing factor, the insurer to reject the claim must then be sure the reasonable management behavior displaces your claim. Again, if you find yourself in this situation for the first time, it's recommended you seek legal advice from your workers' comp attorney. The attorney will discuss the laws about workers comp, how they apply and if you qualify to file the claim. Unfortunately, when you decide to work alone, you may end up receiving unfair compensations.
Why You Require a Workers’ Compensation Attorney
The workers' comp system is set to ensure your employer has insurance coverage to cover the employees who suffer psychiatric injuries while at the workplace. All workers have the right to receive compensation for their work-related injuries. However, many employees find it challenging to receive compensation once they suffer psychiatric injuries. For instance, the insurance company might dispute your psychiatric injury and claim its physical trauma at the workstation that attracted your injuries.
The insurance company will try to minimize or even deny the compensation for the psychiatric injuries you suffer while at the workplace. Thus you must seek legal representation. So, ensure you work with an experienced workers comp attorney right from the beginning throughout the legal process.
Contact a Los Angeles Work Injury Attorney
If you need to better understand the specific nature of your psychiatric injuries and whether you qualify for workers compensation benefits. In that case, you want to seek legal help from competent workers comp attorneys. At The Workers Compensation Lawyers Law Firm, we are here to help you. We will work with counselors, medical experts to determine the degree of your psychiatric injury and your probability to resume your work. Our team of attorneys helps employees affirm against their employers and insurance providers throughout Los Angeles, CA. In our commitment to offering top-quality legal services, we provide a free consultation. Reach us at 424-501-9228 and speak with one of our attorneys.