Can I File a Worker’s Compensation Claim Based on Stress?

Considering that stress in the workplace is a common occurrence, filing a worker’s compensation claim for this might seem ridiculous. However, this is a viable option depending on the circumstances. Even with a valid reason, the challenge is proving the case. Anyone thinking about moving forward with a worker’s compensation claim due to work-related stress should first hire a reputable attorney who specializes in this field.

While most people who struggle with job-related stress work through it, others do not. Sometimes, the problem becomes so intense that it causes secondary issues, including anxiety, irritability, loss of motivation, insomnia, and depression. In fact, when stress spirals out of control, it can create severe health conditions, such as high blood pressure, obesity, diabetes, heart attack, and stroke.

Documenting Stress-Related Symptoms

If you find yourself in this situation, know that the right attorney can help. In fact, filing and often fighting a claim is just as bad, if not worse, than the initial stress. When demands at work push you to the edge, you do not have to go through the process of filing a worker’s compensation claim alone. The attorney you hire will walk you through each step of the process, providing support along the way.

If you suspect your stress has to do with your job, it is essential to document everything, including physical and mental symptoms, such as:

  • Headache
  • Fatigue
  • Irritability or Anger
  • Poor Concentration
  • Muscle Tension or Pain
  • Nausea

Seeking Legal Assistance

Your attorney will not only request information from doctors treating you, like diagnoses, medical reports, and bills, but also talk to your co-workers and handle various other things to support your claim. The goal is to prove that work-related stress manifested into a physical or psychological condition. Succeeding in your quest comes down to two primary things, having an excellent attorney in your corner and showing a preponderance of the evidence.

There are many reasons for developing stress at work. The two most common are frequently trying to meet tight deadlines and working excessively long hours. Other causes include carrying the workload of more than one person, struggling with harassment, or working under a manager who continually criticizes your performance.

Overcoming Challenges

When filing a worker’s compensation claim, many states, including New York, have what a “Good Faith Personnel Action Defense” as part of the Labor Code. That means your employer has the right to challenge the validity of your claim.

With this, your employer tries to prove that specific things caused your stress, such as poor work performance, reprimand for often arriving to work late or leaving early, a change in job responsibilities, or having your work justifiably critiqued by a supervisor. If successful, you would lose and, thus, receive no compensation.

With years of experience and in-depth knowledge, your attorney knows how to overcome this and other obstacles to help you win and receive the compensation you deserve.

Posted on:
May 7th, 2018

Category:
Labor and Employment