Authentic psychological work injuries are mostly referred to as “stress claims” or “mental-mental claims” (as opposed to psychological conditions that result from a physical injury, such as post-traumatic stress disorder).  Psychological ailments may cause workers to take time off as they are unable to perform their usual work duties.  This can happen, for instance, if a person is regularly working to exhaustion, or if they are subjected to constant threats in the workplace.

California workers’ comp does cover stress claims, but the rules can vary.  Psychological injuries are more difficult to diagnose, as they are more about the subjective mental experiences of the worker than a physically-detectable injury.  An X-ray can show a broken bone, but it generally cannot show a stress-related psychological injury.

To qualify for workers’ comp benefits for a stress-related, purely psychological injury, the worker must satisfy additional requirements, including the following:

• The worker suffers from a specific psychiatric condition outlined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V).
• The worker can show the actual circumstances of their employment “predominantly” (at least 51 percent) led to the identified psychiatric condition. The standard is lower if the worker experienced violence at work.
• Personnel actions taken in good faith (for example, reasonable criticism of an employee’s performance, attendance, or punctuality, or a reasonable decision concerning a raise or promotion) are not the cause of the condition.
• The process of litigation itself did not cause the condition.
• As a result of the condition, the worker has required medical treatment or experienced disability (e., inability to work partially or in full).
• The worker has worked for that employer for at least six months.

Note that “stress,” standalone, is not a psychiatric condition.  Stress may, however, be a symptom or byproduct of other diagnosable conditions such as generalized anxiety disorder, post-traumatic stress disorder, or clinical depression.  If you have experienced significant stress in the workplace, to the point that you are unable to perform some or all of your job duties, reach out to a seasoned workers’ compensation lawyer to discuss your circumstances.  You may be eligible for workers’ compensation coverage, even if you were terminated from your position.