Mental health conditions are a growing concern in the public. Although there are many causes behind this trend, many mental health advocates claim that work and workplaces are everyday stressors that can worsen or instigate a mental health condition diagnosis. According to the World Health Organization, 12 billion working days are lost yearly due to anxiety and depression symptoms among employees, surmounting $1 trillion.
Although many employees wouldn’t hesitate to speak to their employer if they got physically hurt while working, many hesitate when it comes to a mental health injury. For one, there is a stigma against those who have mental health conditions. Some may worry their employer will treat them differently or they will lose their job after speaking about their concerns. If employers did discriminate or fire an employee based on their mental health, they would be liable to legal action.
More than that, employees have the right to seek workers’ compensation if they believe their workplace is responsible for their mental health condition. Despite these facts, employees may feel less inclined to proceed due to lacking resources or know-how. This article is the first step in empowering employees to seek the compensation they deserve for any mental health conditions they gain from work.
What Is Worker’s Compensation?
Worker’s compensation is any financial or legal support workers may receive from their employer if they suffer physical or psychological harm because of their work environment. With this compensation, employees can recover from their injuries or receive the funds required to care for their injuries or conditions. These funds may also cover any finances employees lost because they took time off for their injuries or conditions. Either way, any form of workers’ compensation benefits enables employees to safely care for themselves without worrying about the financial repercussions.
Causes of Work-Related Mental Illness
Most working adults will experience stress while working. However, not all stressors result in a mental health condition. There are a few work-related stressors that employees may experience, resulting in workers’ compensation:
- Workplace harassment: Bullying, verbal abuse, sexual harassment, and any inappropriate action can lead to stress, anxiety, depression, and PTSD for employees.
- Discrimination: If an employer discriminates against an employee or potential employee based on their race, gender, sexual orientation, religion, or nation of origin, it can cause employees to feel excluded or fearful of their safety, resulting in anxiety and depression diagnoses.
- High-pressure work environment: Although many work environments have pressure to motivate employees, environments that cause extreme mental damage can have excessive deadlines or require employees to work through traumatic events.
- Excessive workloads without adequate compensation: If employers don’t financially compensate employees who work overtime, the employees may be more likely to experience burnout, chronic stress, and fatigue.
- A physical injury: If you experienced a physical injury while working, it isn’t uncommon to experience PTSD or anxiety symptoms when returning to work because of the physical trauma you experienced.
Just because you’ve experienced these stressors, you may not have an official mental health condition diagnosis. However, these acts can be psychologically damaging, so you can pursue legal action or seek financial compensation.
Eligibility Criteria for Mental Health Claims
You must understand the eligibility requirements to receive workers’ compensation benefits for a mental health claim. First off, you may have to prove that you have a diagnosis of one or more of the following conditions:
- Post-Traumatic Stress Disorder (PTSD): This condition often occurs after traumatic events in the workplace, such as harassment, discrimination, or physical injury. Those diagnosed with the condition may have varying symptoms, including flashbacks, physical reactions to triggers, and feelings of anxiety.
- Depression: This condition can occur from various adverse work conditions, such as excessive overtime, discrimination, and harassment. Employees who experience workplace depression may have trouble concentrating, have more or less of an appetite, feel extremely sad or hopeless, experience less joy during activities they used to love, and have thoughts of self-harm or suicide ideation.
- Anxiety: This condition can occur if you work in a high-pressure workplace or have experienced harassment or discrimination from your employer. You may experience constant restlessness, panic attacks, excessive worrying, and physical symptoms that interfere with your daily life.
To qualify for a worker’s compensation claim based on mental illness, your employer will require you to provide documentation from a mental health professional that either provides a diagnosis of either of these conditions or any kind of proof of psychological damage and connects it to your workplace. For example, suppose an employee experiences depression due to prolonged harassment. In that case, they would need to outline this experience in their medical documents as an instigating cause behind their depression.
You may also have to supply more evidence than you would for a physical injury, as the burden of proof will land on you. You may need to not only supply documents from a therapist or a mental health professional you’re currently seeing but also provide previous medical records before employment to prove that you didn’t have a pre-existing condition.
If you do have a pre-existing condition, you will have to prove that workplace stressors worsened it, which you can indicate through new medication records or a note from a mental health professional. Your employer may also ask for a second opinion. When talking to any medical professional, speak honestly about your experience. The more honest you are, the more accurate your documentation will be. Although this sounds like a lot of documentation, it will ultimately work in your favor if you’re worried about your finances and your mental well-being.
The Process of Filing a Mental Health Claim
If you want to file a worker’s compensation claim for mental health with your employer, you’ll have to go through the following steps:
- Notify your employer: You must notify your employer as soon as you recognize mental health symptoms. Waiting too long may interfere with the statute of limitations on workers’ compensation benefits.
- Seek a medical evaluation: Seeking medical help will not only provide documentation for your claim, but it can be the first step to managing your mental health. This appointment should include a diagnosis and probable causes behind the condition.
- Gather evidence: Be sure to collect as many documents as possible for your claim, such as medical records, therapy notes, witness statements from your workplace, or copies of messages or emails sent between you and your employer regarding workplace trauma.
- File the claim: Once you’ve gathered the necessary documents, submit your claim to your employer or your state’s worker’s compensation board.
- Follow-up with medical treatment: Continuing with mental health treatment will aid you on your journey. While doing so, be sure to keep detailed records of your progress. This indicates you need financial compensation for your treatment.
- Consider hiring legal representation: If you’re worried your employer will deny your claim, you can always seek advice from an attorney with experience working with clients who have experienced psychological damage from their workplace. They’ll be able to walk you through the following steps and show you how to respond if your employer denies your claim.
By taking these steps, you can prevent further psychological damage you’ve experienced at work and protect your rights as a worker.
Challenges and Common Roadblocks
If you’ve experienced mental health struggles because of work, you have the right to file a claim, but the road isn’t always an easy one and may include the following challenges:
- Claim denial: More commonly, your employer may deny your claim by either disputing the claim’s validity or whether the workplace environment indeed caused your mental health to worsen. This can be difficult to respond to if your mental health condition worsens over time rather than all at once because of an individual incident.
- Statute of limitations: Each state has different timelines for when you can receive compensation from your workplace after you’ve experienced symptoms. For example, Colorado requires you to report your injury ten days after you’ve experienced symptoms, while California requires you to report your injury within 30 days. This is especially difficult since most mental health symptoms can be challenging to identify at first.
- Pre-existing conditions: One of the more common reasons why employers will deny your claim is because you may have a pre-existing mental health condition. If you do, your employer may claim that any worsened symptoms are related to the pre-existing condition rather than the workplace.
- Employer retaliation: Although illegal, many employers retaliate against employees by mistreating them, demoting them, or firing them.
Although these barriers may discourage you from speaking up, they aren’t impossible to overcome. Simply being aware of the possibilities can help you prepare and navigate through them accordingly. You can even seek an attorney to help you prepare, who can help you work through these challenges.
How To Advocate for Your Rights
Knowing and advocating for your rights can be the most powerful tool when filing a workers’ compensation claim. If you know your rights and choose to speak up, you will be more likely to receive workers’ compensation benefits. Although theoretically simple, this act alone may be difficult because of the barriers. Still, you can overcome these barriers by advocating for your mental well-being.
Discuss your experience and other experiences you’ve noticed in the workplace with your employer. Reach out to your personal network for moral support. Most importantly, learn about your rights, either online or with the assistance of an attorney or lawyer. The more you advocate for mental health, the more likely you will receive benefits while simultaneously changing your workplace’s response to employee mental health.
The Importance of Finding a Qualified Attorney for Mental Health Compensation
Although filing a claim for mental health compensation on your own is possible, you’re more likely to receive approval if you seek help from a qualified attorney. Not only that, but a qualified legal team can help you through unlawful working environments, including discrimination and harassment. They’ll be your legal guide and a part of your support system, especially if your employer denies your claim or retaliates by firing you.
If you want to file for workers’ compensation benefits for mental illness, contact Request Legal Help today. Our team of qualified lawyers will examine your case, represent your interests in any legal fight, and ensure you receive a positive outcome.
FAQs for Mental Health Compensation
Does Worker’s Compensation Cover Mental Health Issues?
Yes, worker’s compensation can cover mental health issues if they are directly related to your work environment. This includes conditions like anxiety, depression, and post-traumatic stress disorder (PTSD), provided you can prove that your mental health condition was caused or aggravated by your job.
How Do I Prove That My Mental Illness Is Work-Related?
To prove that your mental illness is work-related, you will need to provide medical documentation from a licensed mental health professional. This documentation should link your condition to your work environment. Additionally, you may need to provide evidence of specific work-related incidents or ongoing stressors that contributed to your condition.
What Types of Mental Health Conditions Are Eligible For Worker’s Compensation?
Mental health conditions eligible for worker’s compensation typically include work-related stress, anxiety, depression, and PTSD. However, eligibility depends on proving that your job caused or exacerbated these conditions. It’s essential to consult with a legal professional to understand what conditions may qualify in your jurisdiction.
What Should I Do If My Employer or a Court Denies My Worker’s Compensation Claim For Mental Health?
If your employer denies your claim, you can appeal the decision. You should gather additional evidence to strengthen your case, such as further medical evaluations or witness testimonies. Consulting with a worker’s compensation attorney can also improve your chances of a successful appeal.
How Long Do I Have To File a Worker’s Compensation Claim For Mental Health?
The time limit for filing a worker’s compensation claim varies by state, but it generally ranges from one to three years from the date you become aware of your work-related mental health condition.
Can I Continue Working While Receiving Worker’s Compensation For Mental Health?
Yes, you may be able to continue working while receiving worker’s compensation for mental health, depending on your condition and your healthcare provider’s recommendations. Your ability to work might be limited or modified to accommodate your mental health needs.
Do I Need a Lawyer To File a Worker’s Compensation Claim For Mental Health?
While having a lawyer is not mandatory, having one can be very beneficial, especially if your case is complex or your employer disputes your claim. A lawyer can help you navigate the legal process, gather necessary evidence, and advocate for you.
What Are The Common Challenges in Filing a Mental Health Worker’s Compensation Claim?
Common challenges include proving that mental illness is directly work-related, overcoming employer objections, and dealing with the stigma associated with mental health claims. Additionally, the subjective nature of mental health conditions can make it harder to demonstrate the extent of your injury.
Will My Employer Retaliate If I File a Worker’s Compensation Claim For Mental Health?
It is illegal for an employer to retaliate against you for filing a worker’s compensation claim. If you experience retaliation, such as being demoted, fired, or harassed, you may have grounds for additional legal action against your employer.