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4 Things You Didn’t Know About Stress-Related Injuries At Work (Do You Qualify For Workers’ Comp?)
Encino stress related injury attorney from the Law Offices of William Kropach. Call our offices at 818-609-7005 or complete this contact form to get a free consultation today.
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4 Things You Didn’t Know About Stress-Related Injuries At Work (Do You Qualify For Workers’ Comp?)
12 Apr 2018 | William J. Kropach | Stress Related Work Injury

Every company seems to be in a fierce competition in their business nowadays. While aspiring to be better than your competitors can obviously help a company balloon its profits, being under constant pressure and working in a fast-paced work environment can take a toll on employees’ physical and mental health.

Wait, but why are we even talking about this?” you may be wondering right now. Our Encino stress-related injury attorney William Kropach explains why this conversation actually matters. Here is the deal: there are millions of workers in Encino and all across California who put an incredible amount of effort into their jobs at the expense of their psychological and mental health.

In other words, these workers are fatigued, stressed out, depressed, anxious, struggle with insomnia and all others symptoms of stress-related injuries at work. But you can actually obtain workers’ compensation benefits for your stress-related injuries. However, there are a few things you need to know about stress-related injury workers’ compensation claims before seeking compensation.

Proving stress-related injuries is tough, but not as tough as you think

In order for your stress-related injury to qualify for workers’ compensation benefits, you must be able to find evidence that your stress is related to your job. “Wait, how is it even possible to prove something like this?” you may wonder. Glad you have asked!

You see, courts in Encino and all across California recognize that stress can be caused both at work and outside of work. When combined, an unbearable amount of stress can cause deterioration in an employee’s mental, emotional, psychological, and even physical health.

Our Encino workers’ compensation lawyer from the Law Offices of William Kropach explains that you only have to present evidence that workplace conditions or your job duties were the predominant cause of your stress-related injury. In other words, it needs to be work-related for at least 51 percent. Contrary to the popular belief, you do not have to show that your job or work activities were the sole cause of your stress-related injuries.

There can be many factors that cause work-related stress

While the exact factors that contribute to stress depend on the type of personality that you have and vary from one case to another, there are certain principal causes of work-related stress that are recognized by courts in Encino and elsewhere in California. Those include:

  1. A hostile work environment caused by harassment, discrimination or retaliation;
  2. Abusive or violent supervisors, managers, or employer (frequent verbal attacks, violent behavior in the workplace, etc.);
  3. Inadequate work requirements (work overload, tight deadlines, having impossible expectations, etc.);
  4. And others (consult an Encino stress-related injuries lawyer to find out whether or not your circumstances qualify as a work-related cause of stress).

You need to work for at least six months to file a claim

Unlike many other states, California requires you to have been employed for at least six months before filing a stress-related workers’ compensation claim. And it makes sense considering that stress develops overtime. So if you happen to be stressed out during your first week of work, it is probably because you are working in a new environment (something that happens to all of us; not a valid cause to receive compensation) or because your stress was predominantly caused by factors outside of work.

Your employer may discredit your claim

The reason why so many stress-related workers’ compensation claims fail all across California every year is because work-related stress can be extremely difficult to prove. Not to mention that your employer and his/her insurance company will most likely do whatever it takes to discredit your claim by investigating your life and arguing that your stress was caused by factors that were not related to work.

Believe it or not, employers in California are not willing to hand out workers’ compensation benefits without putting up a fight (and the same goes for their insurance companies). But it could have been much worse, as many states in our country do not allow employees to file stress-related workers’ compensation claims at all.

In order to boost your chances of proving that your stress was work-related and to properly evaluate the value your claim, seek legal advice of our Encino stress related injury attorney from the Law Offices of William Kropach. Call our offices at 818-609-7005 or complete this contact form to get a free consultation today.

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