Can I Get Workers’ Comp for Psychological Injuries in CA?
California employees are vulnerable to a wide range of injuries – including psychological disorders. These psychological injuries are often triggered by highly traumatic events at the workplace, including violence, abuse, and near-death experiences. But can you really file a workers’ compensation claim even if you never suffered a physical injury? What do California’s laws say about this type of situation?
If you’re thinking about filing a workers’ compensation claim, you might want to discuss your options alongside The Moga Law Firm. Our experienced Upland workers’ compensation attorneys have dedicated their careers to helping numerous employees throughout Riverside County – and we know how serious psychological injuries can be. Scott Thomas Moga has almost three decades of legal experience as a workers’ compensation attorney and has helped his clients address highly complex issues over the years.
Psychological Injuries are Compensable Under California Law
According to the Division of Workers’ Compensation, “a wide range of disability resulting from job-related mental stress” can lead to valid claims. However, this does not necessarily mean that filing a workers’ compensation claim for psychological injuries is easy. Workers must provide compelling evidence when pursuing compensation for their mental stress, and a lawyer could help present this evidence effectively.
The Division of Workers’ Compensation notes that many cases involving job-related psychological stress involve “expensive litigation,” implying that claims are often rejected. Faced with a rejected workers’ comp claim, you may have no other choice but to pursue a lawsuit alongside a workers’ comp lawyer.
Your main goal should be to obtain an official diagnosis of a legitimate psychological disorder. For example, you might be diagnosed with major depressive disorder or post-traumatic stress disorder. You must also prove that your disorder was triggered by some kind of job-related issue or event. Note that you could still receive compensation if your disorder was mostly caused by your work.
Although these requirements may seem daunting, California workers should remember that they are fortunate enough to live in a State that allows these claims. In many other jurisdictions, employees are completely prohibited from pursuing compensation for psychological issues – unless these issues accompany physical injuries. California is one of the few states in which you can make a workers’ comp claim without any physical injuries.
California Workplaces Are Becoming Increasingly Traumatic
While it is easy to dismiss purely psychological workers’ comp claims, California workplaces are legitimately traumatic. Over the past few years, we have seen a spike in workplace violence. This includes not only shootings carried out by employees on their co-workers but also violent retail theft and armed robberies.
Work With an Established Workers’ Compensation Law Firm
If you are ready to join forces with an established workers’ compensation law firm in Riverside County, look no further than The Moga Law Firm. With experienced Upland workers’ compensation lawyers by your side, you can resolve even the most complex legal challenges – including psychological injuries in California. Contact us today by calling our workers’ comp law firm at 909-931-2444.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
