Can I Claim Workers’ Compensation for Depression in Burbank?
Do you or somebody you know suffer from work-related depression, stress, or anxiety?
Is it affecting your work performance and result?
If this is the case, did you know that you can claim workers’ compensation to help you recover and usually function again?
The problem, however, is that it’s not easy claiming workers’ compensation for mental health problems. Unlike physical injuries, depression, stress, and anxiety aren’t visible. That makes them challenging to prove when you claim benefits.
Fortunately, there are ways to claim workers’ comp for psychological distress in California. And the best Burbank workers’ compensation lawyer can help you out with it.
What Is Work-Related Psychological Health Problems
A mental health problem is work-related when you acquire it because of particular workplace conditions. However, simple stress, anxiety, and sadness don’t count for workers’ comp. It should be severe enough that it prevents you from functioning normally in the workplace.
An example is your employer repeatedly giving you large piles of workloads to complete in short periods. That brings you a lot of stress that can accumulate over time and ultimately causes mental health problems.
Another example is when you acquire severe emotional trauma because of a workplace incident. For instance, you’re a bank teller, and a robber points a gun at you. That can cause Post-Traumatic Stress Disorder or PTSD, which is a severe psychiatric problem.
How to Claim Workers’ Compensation for Depression in Burbank
You must satisfy these points to qualify for workers’ comp when you suffer from depression you:
- must be an employee under your current employer for at least six months.
- must have a diagnosed psychiatric condition.
- prove that stressful workplace conditions have caused at least 51% of your depression.
- must have gone through treatment and therapies to address your mental health problem.
- Your condition prevents you from fully functioning on the job and has pushed you to skip some workdays.
Aside from the qualifications above, there are a few requirements that you must prepare when claiming workers’ comp too.
- First, get documents from your psychiatrist like your diagnosis and psychiatric test results. The records should also explain the treatment or therapy you need.
- You should also get a medical report from a physician. The document must show medical test results and other details about your overall health.
- Next, gather statements from people around you, such as your family, friends, and co-workers.
- These testimonies should tell about your troubles while dealing with psychological distress.
- Report your psychological distress to your employer and ask for a claim form to start the claim process.
What If You Don’t Qualify for Workers’ Comp for Psychological Distress
Now, remember that there’s a chance that you may not qualify for workers’ comp for psychological health problems. Primarily if you don’t satisfy the points mentioned above.
However, when your physician says that you have severe stress, you can enjoy a few days off from work with the help of family and the Medical Leave Act. That means you can take unpaid leave to relieve yourself from different workplace stressors.
What if your employer won’t allow you to take unpaid leave? You can take legal actions against them for damages. Your physician’s statement serves as evidence that you need to take a break.
Hire a Workers’ Compensation Attorney in Burbank when Claiming Benefits for Depression
It’s hard to claim workers’ compensation for depression, stress, anxiety, and other psychological distress. However, you can still enjoy the rightful benefits when you can prove that you’re suffering from work-related mental health problems.
That’s when a Burbank workers’ compensation lawyer can help. They can confirm you qualify for workers’ compensation and help you take legal action against your employer and their insurance provider.