Can I Get Workers’ Comp for Mental Illness?

When people think of workers’ compensation, they usually associate it with physical injuries—back strains, broken bones, or repetitive motion injuries. However, mental health conditions can also arise from stressful or traumatic work environments. These conditions, like anxiety, depression, or post-traumatic stress disorder (PTSD), can severely impact an employee’s ability to perform their job. But can you receive workers’ compensation benefits for mental illness?

The answer is yes, in certain cases, though qualifying for these benefits can be more complex than for physical injuries.

Types of Work-Related Mental Illnesses

There are generally two types of mental illnesses that may be considered work-related for workers’ comp purposes:

• Mental-Physical Claims: This type refers to situations where a mental or emotional strain causes a physical illness. For instance, extreme work-related stress may lead to ulcers, migraines, or even heart problems. In these cases, physical illness stems from the mental stress caused by work conditions.
• Mental-Mental Claims: This type involves mental or emotional issues that result from a specific traumatic event or long-term work-related stress. PTSD after witnessing a workplace accident is a common example. Additionally, employees who endure a toxic work environment, bullying, or chronic harassment may develop anxiety or depression directly related to their job.

Proving Mental Health Claims

Unlike physical injuries, mental health claims are much harder to prove. The burden of proof often falls heavily on the employee, and they must establish a clear connection between their work and the mental health condition. To be eligible for workers’ comp benefits, the employee generally needs to demonstrate that the:

• Mental illness arose during the course of employment.
• Work environment or specific work-related events directly caused or contributed to the illness.
• Mental illness is severe enough to impair the employee’s ability to perform their job.

For example, if an employee develops PTSD after a traumatic workplace incident, they may need documentation from a mental health professional diagnosing the condition, along with evidence tying the trauma to the workplace event. Likewise, employees who develop anxiety or depression due to chronic work stress must prove that their work environment is the primary cause of their illness.

Legal Challenges in Mental Health Claims

Mental health workers’ comp claims often face scrutiny from insurance companies. Employers and insurers may argue that the mental illness is related to personal issues or pre-existing conditions, rather than being work-related. Because mental health injuries are less visible than physical injuries, they are sometimes seen as more subjective. This makes it crucial for employees to gather substantial evidence, including detailed medical records and expert testimony, to support their claims.

Getting Legal Help for Mental Health Workers’ Comp Claims

If you believe your mental illness is work-related, seeking legal advice is essential. Mental health claims are complex and difficult to navigate without experienced legal guidance. A workers’ comp attorney can help you gather the necessary documentation, file your claim properly, and advocate on your behalf if your claim is denied or disputed.

We understand how stressful it can be to cope with a work-related mental health condition while trying to manage a claim. We’re here to help you every step of the way. If you’re struggling with a mental health issue caused by your job, don’t hesitate to contact Shugarman & Mehring. Schedule a consultation today, and let us help you get the benefits and support you deserve.