When a person is working, both their body and mind are prone to injuries. Since a psychiatric injury is rarely visible to the naked eye, many people tend to overlook it. Nevertheless, California law gives employees the opportunity to seek compensation.
What does California law say?
California workers’ compensation law may provide benefits for qualifying psychiatric injuries that cause disability or require medical treatment. But the primary cause of the injury (more than 50%) should be due to work and a medical professional should diagnose it using standard medical guidelines.
When is an employee eligible for compensation for a psychiatric injury?
Courts have set a higher threshold of evidence for these types of California workers’ compensation claims. An employee or their loved one expecting compensation should meet the following conditions:
- The injury must have resulted from an actual event that occurred in the workplace.
- The employee must generally have been working for the company for at least six months, though this requirement doesn’t apply if a sudden event caused the injury at work.
- The injury was not because of an employee’s subjective perception of the work environment.
The claim may be denied if the injury resulted from lawful, good faith personnel action, such as performance reviews, disciplinary action or demotion.
Getting help with your claim
If you or your loved one has suffered a psychiatric injury due to workplace events, you have the right to seek compensation. However, establishing predominant cause or proving against personnel action defense claims can be difficult to counter. Consulting a workers’ compensation attorney can help you in coming up with an ironclad defense strategy.