You gave your all to this job, you really did. You endured all the repetitive tasks and the stress that came with it. Now it’s time for you to get the compensation you deserve. Many times a stress-related injury is physical. However, that is not always the case. Sometimes your stress-related injury may be mental or emotional. We all know that stress takes a toll on our bodies but also our minds. Under California labor law, you may also be able to file a claim for psychiatric injury if it was caused by workplace stress.
Physical stress is the most common stress-related injury. They’re also the easiest to prove and identify. It often involves making repetitive movements over a period of time. For example, a person who needs to reach shelves for their job could suffer from a back injury. A person whose job requires a lot of typing may suffer from carpal tunnel. The injured worker will be entitled to their average earnings when they are out of commission. You must report this right away and make sure your physician can determine that it was caused by work activities. If the injuries are determined to be caused by your physical activity on the job, then you should be able to receive several benefits. These benefits include weekly compensation, payment of medical treatment, vocational rehabilitation, and permanent impairment benefits.
Emotional and mental stress are definitely harder to prove. Although it is rare, that doesn’t mean that it’s impossible to receive compensation for it. In order to make a claim for emotional/mental stress, you’ll have to file a lawsuit for negligent infliction of emotional distress or even intentional infliction of emotional distress. Negligent Infliction of Emotional Distress (NEID) is where the defendant’s (employers) negligence has caused the mental or emotional injury. Often times the emotional injury must be so severe that it causes physical symptoms. Intentional infliction of emotional distress (IIED) is far more common. It is when the defendant intentionally does something to harm. It must go beyond the bounds of decency and be regarded as intolerable. First and foremost, you should report to your supervisor so that they have that record on file. Make sure you keep information organized. You may want to keep a detailed journal with dates, events, people who were present, and what was said. These will help make the process smoother.
Under California law, you may be entitled to compensation for psychiatric injuries. However, you must be able to meet several requirements. Your psychiatric condition must be listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) by the American Psychiatric Association (APA). You will have to prove that your employment with this company is what caused the condition. Your condition has to not be caused by good-faith or actions by employers that are nondiscriminatory, for example, their decision-making on raises and promotions.
Stress-related injuries are painful. Doing repetitive movement on the job can slowly catch up to you. Emotional/mental stress can also take a toll on you. Stress-related injuries have increased lately in southern California. You want someone with experience, who can handle your case no matter how complicated it gets. The Law Offices of Kropach & Kropach have over 40 years of courtroom experience. They are committed to getting you the full compensation you deserve. Schedule a free initial consultation using the contact form on the bottom of this page or by calling 818-609-7005.