Can I Claim Workers’ Comp for Job-Related Stress?

 Posted on July 24,2024 in Workers' Compensation

When people think of work-related injuries, they usually imagine things like broken limbs, carpal tunnel syndrome, toxic inhalation, forklift injuries, and more. Employees who suffer these injuries can sometimes claim workers’ compensation, which reimburses injured workers for medical expenses, lost wages, or both.

But what about non-physical injuries, like mental stress or anxiety? In today’s fast-paced corporate world, it is not uncommon for some employees to work under immense pressure. Can they claim workers’ compensation if that pressure leads to excessive stress and anxiety?

This article will explore those questions, but be sure to consult an Illinois workers’ compensation lawyer regarding the specifics of your case.

Does Workers’ Compensation Cover Mental Health?

Workers’ compensation covers mental health up to an extent. There is no clear-cut rule because there is no clear way to identify mental injuries and what causes them. Unlike a forklift injury where you can present an X-ray and show exactly where you suffered a bone fracture, mental injuries are hard to pinpoint.

Stress is also hard to measure. An estimated 77 percent of employees have suffered work-related stress, and 57 percent of those workers have experienced stress-related burnout.

The success of a workers’ compensation claim for a mental injury, therefore, depends on how well you can measure the injury and prove its cause.

What Do I Need to Prove?

The Illinois Supreme Court ruled that mental conditions can be covered by workers’ compensation laws if they can be traced back to a:

• Time

• Place

• Cause

This rule makes conditions like post-traumatic stress disorder (PTSD) more eligible for compensation. Unlike stress, PTSD is usually caused by an event. It is also a more measurable condition that has defined symptoms such as hyperarousal, mood swings, and cognitive changes.

What Are Some Examples of Work-Related PTSD?

Employees can suffer PTSD in various scenarios. For example:

• A firefighter can suffer PTSD from a particularly deadly firefight.

• A police officer can suffer PTSD from a shootout.

• A cashier can suffer PTSD from being attacked by a customer.

• A flight attendant can suffer PTSD from extreme turbulence.

• An electrician can suffer PTSD from electrocution. 

What About Harassment or Bullying?

Instances of bullying or harassment may also be eligible for a workers’ compensation claim. However, bullying and harassment are not well-defined terms legally, so it may not be easy to prove that your trauma is justified. If you were criticized at work, for example, it is not likely to be seen as bullying or harassment, even if you do suffer trauma.

Contact an Elmhurst, IL Workers’ Compensation Attorney

Mental health injuries can be more difficult to prove than physical injuries. Personal injury victims work with Kaiser Law because our highly successful attorneys will thoroughly investigate your case and build a workers’ compensation claim based on available evidence. Call 630-233-9946 to schedule a consultation with an Elk Grove Village, IL workers’ compensation lawyer today.