Does Workers’ Compensation Cover Stress?
Going to work is not easy. Many people worry about suffering physical injuries due to dangerous work conditions. However, some people worry more about the emotional injuries they may face due to stress from their job.
Indeed, some jobs are more stressful than others. Workers may have to deal with catty co-workers, unreasonable bosses, and rude customers. Sometimes the stress is so severe that it can lead to anxiety, depression, and mental health issues.
When this happens, an employee may not be able to work. What recourse do they have in this case?
Workers’ compensation benefits may be an option. In the past, workers’ compensation applied only to physical injuries. However, New Jersey law changed after the ruling in the court case
William Goyden v. State of New Jersey. The court ruled that workers’ compensation benefits must be provided to treat a mental illness caused by a work-related injury, anxiety, or stress. Workers must also be compensated for lost wages for attending mental health-related medical appointments.
The law now requires employers to include mental health issues as compensable injuries. It covers a broad range of mental health issues such as:
- Stress and anxiety caused by heavy workloads
- Downsizing
- Changes in job duties
- Workplace abuse
- Workplace violence
- Active shooter scenarios
- Workplace death
To qualify for workers’ compensation benefits, the mental health issue must be severe enough to interfere with the worker’s ability to do their job. It cannot be everyday stress caused by performing routine work duties. The worker must also provide substantial evidence that the mental health issue was caused by their job.
As you can imagine, proving stress is not easy to do. Physical injuries are clearly visible and can be easily proven. With mental health issues, showing a link between your condition and your job can be much more challenging. In some cases, a traumatic event (such as a shooting) can be readily linked to your mental health condition. But in other situations, there may not be a direct connection between one or more events and your stress and anxiety.
Many mental health injuries arise over time and this can make it harder to prove that your injury was caused by work. For example, a constantly angry boss can cause you significant anxiety but it may be hard to prove that this anxiety isn’t the result of something in your personal life, such as financial troubles or a bad relationship. That’s why it’s important to get as much evidence as possible.
Contact a New Jersey Personal Injury Lawyer Today
Everyone experiences some degree of stress in their jobs, but some jobs can be so stressful that they cause employees to develop mental issues.
A Morristown workers’ compensation attorney from The Law Offices of Michael P. Burakoff can help you understand the laws that apply and get you the compensation you need to move forward. Schedule a consultation today by filling out the online form or calling (973) 455-1567.
Source:
casetext.com/case/goyden-v-judiciary-superior-court
