For the majority of workers’ compensation claims, the injuries people sustain at work can be directly observed. What we mean is that these injuries can either be seen with the naked eye or detected with medical devices. There are, however, other workplace injuries that employees may experience and aren’t so easily witnessed.
Such is the case for what California workers’ compensation law refers to as “psychological injuries.” These are mental or emotional injuries that can include depression, anxiety, post-traumatic stress disorder (PTSD), or similar conditions that may arise through the course of one’s work or because of a single incident.
Qualifications for a Mental Health Workers’ Comp Claim
Although California recognizes psychological injuries, claimants can face a greater level of scrutiny due to the subjective nature of their injuries. As a result, not all who file a workers’ compensation claim for a psychological injury should reasonably expect to see a payout.
That said, the chances of having a successful psychological injury claim can be increased under the following conditions:
- A medical professional diagnosed the employee with a mental health condition.
- The employee is in need of medical treatment because of their mental health condition.
- The employee has been employed for at least six months (except for when the onset of the mental health condition was due to a sudden or unexpected traumatic event).
- The employee’s job duties or work environment, or any other aspect of their employment, is the predominant cause of the mental health condition.
Contact an Attorney for Help
Workers’ comp claims in California for psychological injuries aren’t always successful, but you can increase your odds by working with an attorney from Smolich and Smolich.
Mental health care is rarely covered by insurance plans in the U.S., which means you can be on the hook for the full cost of the medications and therapy you need. Our attorneys can help you fight for the compensation you need for these damages and others when you reach out to us today for help.
For more information, contact us online now.