As part of the claim process, you may be required to undergo an Independent Medical Examination by a doctor of the workers' comp insurer's choosing, to confirm that your injury is work-related. While this exam is deemed "independent," it is usually anything but. You might want to contact an attorney before going through such an exam. In any event, for any repetitive stress injuries that were not preexisting and are related to your physical activity on the job, as part of your workers' compensation benefits you should be able to receive:.
Once you return to work assuming you can , make sure to ask your employer to take steps to help you, such as making sure your work station is ergonomically correct, or limiting your lifting until you have fully recovered. Of course, make sure you follow your doctor's advice about restrictions on your activity at work as you heal from the work-related injury.
Emotional stress injuries are more difficult to prove and, therefore, it is harder to receive compensation for them. Worker's compensation laws vary by jurisdiction, but in some states, they do not cover claims for emotional stress. This may be because it is more difficult to demonstrate that emotional distress resulted from your job as opposed to another area of life outside work.
If the conduct that causes you stress is egregious though, and if it is not covered by worker's compensation, it may be actionable outside of the worker's compensation system. That is, it may be possible to file a personal injury lawsuit for negligent infliction of emotional distress , or even intentional infliction of emotional distress.
Typically, you'll need to prove some pretty outlandish conduct on the part of the defendant your employer or a co-worker , so these kinds of claims would usually involve more than just typical on-the-job stress. In some states, you may be able to pursue an state employment or social security disability claim for job-related stress and anxiety, but these claims also set a pretty high bar.
See Nolo's Disability Site for information on these types of claims. So, if you feel that you are suffering from emotional stress at work, what can you do? First and foremost, tell someone about it. Discuss it with your superiors and, if necessary, make a formal report.
Such documentation will become a part of your employment file and could be useful evidence no matter what type of action you decide to take. It largely depends on the person as well as the source of work-related stress. Nonetheless, if you can prove that your stress — and all the injuries, losses and damages stemming from it — was caused by your job or workplace environment, you may be entitled to workers compensation benefits.
Sources of workplace-related stress — or the so-called stressors — may vary from one case to another. However, our Los Angeles stress-related injury attorney have outlined the most common stressors that persist in workplaces in California:.
This is a non-exhaustive list of stressors that may cause work-related stress. If you believe that you have stress-related injuries are stemming from your job duties or workplace environment, seek legal advice from a workers compensation lawyer. Call our Los Angeles offices at or complete this contact form. Please leave this field empty.
What is work-related stress? Signs of work-related stress But do you really have work-related stress? Physical symptoms of work-related stress: Fatigue and exhaustion; Lack of energy; Frequent headaches; Tense muscles, aches, and pain; Upset stomach, diarrhea or constipation; Chest pain; Rapid heartbeat or frequent changes in heartbeat; Insomnia and sleeping difficulties; Dermatological disorders; Frequent colds and infections.
Meet the Editors. Psychiatric Injuries: Special Workers' Comp Requirements A work injury that is purely psychological is sometimes referred to as a "stress claim" or a "mental-mental claim.
As a result, you must meet all of the following requirements in order to receive benefits for a psychiatric injury: You must have a "mental disorder" that's been diagnosed under accepted procedures.
As a result of your mental disorder, you must have required medical treatment or experienced disability meaning that you had to miss work or couldn't do some of your work tasks. You must have worked for your employer for at least six months not necessarily continuous , unless your psychiatric injury resulted from a sudden, extraordinary condition at work.
What Are Actual Employment Events? Workers' Comp Benefits for Psychiatric Injuries In addition to the strict requirements for proving that you have a work-related psychiatric injury, your benefits will usually be more limited than they would be for physical injuries. When Work-Related Physical Injuries Cause Psychiatric Injuries If you suffered a psychiatric injury as a result of a physical work-related injury rather than job stress, you'll generally have an easier time proving that your mental or emotional condition is work-related even though the rules described above still apply.
However, you won't be able to receive any permanent disability benefits for psychiatric injuries that are a compensable consequence of a physical injury unless: you were the victim of a violent act at work or were exposed to significant work-related violence your original physical injury was catastrophic such as severe head injury or burns , or your injury happened before Consult With a Lawyer Because psychiatric injuries are subject to complex workers' compensation laws, you should consult with a lawyer about your claim.
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