Some stress is a part of typical work environments and is very difficult to prove in a workers comp claim. However, it’s not impossible. Many injured workers in New York have attempted to prove that their work-related stress has caused them severe mental health issues, such as anxiety and depression.
Judges have ruled that normal work-related stress (such as arguments or extra hours at work because a coworker has taken leave) is not generally enough to allow for workers comp benefits.
There are exceptions, however. We’ll discuss those below.
What Does the Law Say?
The New York State Workers’ Compensation Board does allow for claims of mental distress. However, these will be difficult to prove. If you’re planning on filing a claim for work-related stress, it’s advisable to speak with a New York workers comp attorney about whether your case is truly viable.
What Are the Exceptions?
Because work-related stress and other psychological traumas can be a byproduct of your work environment, it begins to be a question of normal stress vs. above-normal distress. If your mental distress or work-related stress and anxiety resulted from any of the following, you may have a case:
- If you were physically injured on the job and your stress or mental anxiety was a byproduct of your physical injury
- If a traumatic event occurred at your workplace while you were performing your duties, and you suffered psychological distress because of it
- If the mental trauma came about because of extremely adverse working conditions
These exceptions can be proven, but they usually require extensive medical documentation and statements from coworkers to back up your claim.
Contact a New York Workers Comp Lawyer
If you have any additional questions regarding work-related stress and workers compensation, call a workers comp attorney from Finkelstein, Meirowitz & Eidlisz, LLP to discuss your case. Our number is 212-385-9190. To reach us online, head to the bottom of this page to fill out our online contact form.