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Can You Get Workers’ Comp for Stress or Anxiety? Get The Answers Here

how to get workers comp

83% of working Americans suffer from stress due to one or more factors at their job.

Not all jobs are created equal, some are more stressful than others. For example, working in construction or the hospitality industry. At the same time, it may be a specific situation that increases your anxiety.

The question is, can you get that stress covered by workers’ compensation? Below we’ll review how to get workers’ comp in New York for stress and anxiety.

How Easy Is It to Get Workers' Compensation?

Getting workers’ comp for mental distress can be difficult as it’s harder to prove. You’ll likely need documentation from your workers’ comp psychologist and/or doctor(s). What’s more, you’ll need written proof from your coworkers to prove your claims.

Moreover, if a lawful decision was made, in good faith, you aren’t likely to get workers’ compensation. For example, disciplinary action, evaluations, or being transferred, demoted, or terminated. If your employer acted with malice or unlawfully, then you may have a case.

On top of that, if you have a mental disorder, you need to prove that it isn’t the cause of your work stress or anxiety. What’s more, if something big happened in your life you need to prove that isn’t the reason for your mental stress and depression. For example, if you recently got divorced or lost a loved one.

Your trustworthiness may come into play as well. Your work and personal history, credit history, and a criminal record may be checked. A very thorough background check may be done to prove your claim.

How to Get Workers' Comp

To qualify for workers’ compensation:

  1. You need to exhibit higher levels of stress than the average worker who is doing the same/a similar job as you.
    1. You suffered mental distress from being harassed due to a discriminatory offense. For example, your race, age, religion, if you’re pregnant, etc.
  2. Your mental distress is a byproduct of a physical injury you received when you were working.
  3. You suffered mental stress when a traumatic event took place at your job while you were working. For example, you watched another employee die.
  4. You worked in significantly adverse conditions and became distressed because of it.

The mental stress doesn’t have to be from a singular event; it can be a product of stress that has built up over time. No matter the situation, you need to prove that stress is hindering your ability to perform your job.

Do You Qualify for Workers' Compensation?

Now that you know how to get workers’ comp for stress and anxiety, it’s time to apply for the workers’ comp coverage. It may be hard to get workers’ compensation, but it doesn’t mean you shouldn’t try.

When you can’t function at work, it can impact your life as a whole. Day to day tasks can become difficult. Your health and happiness are important and should be of the highest priority.

Call 800-897-8440 to find an experienced workers’ comp psychologist near you today.


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