Stress and Anxiety: Can Someone get Workers’ Comp?

Stress and anxiety can impact someone quite significantly. When people think of workers’ compensation, what comes to mind is usually a physical injury. It could be falling from a high place or an accident with a workplace machine. However, that’s not always the case. Workers’ compensation offers coverage for so much more than accident injuries. It provides benefits for everyone who falls ill due to their work. It’s entirely possible to get workers’ compensation for stress and anxiety too.

Invisible illnesses like stress and anxiety are frequently overlooked in the conversation about workers’ comp benefits. If you’re wondering about whether you can get workers’ compensation for stress and anxiety, you’re in the right spot. Experienced Waple and Houk lawyers will explain how you can put together a case for workers’ comp benefit if you’re experiencing stress and anxiety due to the workplace.

Mental Health Conditions Are Covered Under Workers’ Comp

Under workers’ compensation, all work-related injury or illness entitles you to receive benefits. The illness could also be emotional or mental stress injuries an employee suffers due to work. If you want to get workers’ compensation for stress and anxiety, it must be severe enough to interfere with your job. When people suffer from mental health conditions, it might not be powerful enough to affect their ability to work.

However, there are times when an employee develops a mental health issue due to a bad work experience. Anxiety could also arise out of a challenging work environment. If this issue affects their ability to the point where they cannot work, then they should get workers’ comp benefits. The North Carolina State Laws support employees who suffer mental health issues due to work pressure.

Common Stress Claims in the Workplace

There are several types of stress claims that allow you to receive workers’ compensation benefits. Below are some of them.

  • Severe stress during employment, like a post-traumatic stress disorder due to a traumatic experience
  • Workplace conflict with your employer or work colleague
  • Sexual harassment at work
  • Assault or bullying at work

How To Make a Workers’ Comp Claim for Stress and Anxiety 

If the work activity that caused the stress is subtle, it can be tricky to establish psychological injury claims. It usually depends on the facts you have to offer and the law governing the state. You will often need a Charlotte workers’ compensation lawyer to help you understand your rights when seeking workers’ compensation for stress and anxiety.

Your treatment record is excellent evidence of your anxiety and stress. If you aren’t seeking medical treatment, it isn’t easy to prove your workers’ comp case under the law. Therefore, it is advised that you seek expert medical help and advice as soon as it begins. Working with mental health professionals will help provide testimony in your favor.

Elements to Consider When Seeking Workers’ Compensation for Stress and Anxiety

Fortunately, the North Carolina Workers’ Compensation Act states that psychiatric claims do not require proof of physical injury. This is because the mental health condition could occur gradually due to one traumatic event. However, there are certain elements that a claim for stress and anxiety must meet; they’re outlined below.

  • The work environment should be stressful in an objective manner
  • The proof provided must support findings that the employee reacted to the conditions with stress and anxiety
  • These stressful conditions should be unique to the workplace
  • There should also be objective evidence supporting the claim of mental health conditions
  • An objective consideration of the case’s credibility, including the predisposition an employee brings to the job

How Much Is My Worker’s Compensation Claim Worth?

The compensation usually depends on the case’s facts. Your first step is to consult a Charlotte workers’ compensation lawyer, and they’ll consider your situation. They would give you an overview of your rights and the compensation you should expect. Note that there’s a strict time limit for claiming work comp for mental health conditions. Therefore, there’s a need to move fast before the opportunity to make a claim is gone.

We Can Help You Get Your Workers’ Compensation Benefits

Stress and anxiety are common amongst workers today, but few seek compensation for it. If you start to experience a high level of work-related anxiety or stress, you should make a claim. Your claim is valid if these psychological issues affect your ability to function at work.

The experienced attorneys at Waple & Houk are committed to helping employees who have suffered on-the-job illnesses. We will ensure you get workers’ compensation for stress and anxiety as the law dictates. We are also available to help you understand your rights. To learn more about how our expert lawyers can help you, schedule a free consultation today.

Share on facebook
Share on twitter
Share on linkedin
Share on reddit