Under certain circumstances, the law offers employees the right to seek workers’ compensation for mental health issues. However, it is not straightforward when discussing a claim’s eligibility.
Work-Related Mental Illness
Job insecurity, a lack of work-life balance, a toxic work environment, and overworking are some of the most common causes of depression among employees. Depression impacts the individual’s capacity for decision-making, time management, physical task completion, social interaction, and communication.
Legal Assistance
Law is a tricky subject, and it is constantly changing. The good news is that people with mental health issues now have more rights concerning compensation than ever before.
Mental health law continues to be a complex issue. Because of prejudice, discrimination, and misinformation, many people fall between the cracks of the legal system,
Suppose an employee wants to claim workers’ compensation benefits. To do so, they must prove that their job caused illness or injury.
According to the Occupational Safety and Health Administration (OSHA), a condition is work-related if an event that occurred while performing work-related duties caused or worsened it.
Proving AOE/COE can be straightforward when an employee suffers an injury because of an accident at work. But it can be trickier when they are involved in work-related tasks away from the office.
Factors To Increase Chances of Workers’ Comp Benefits
In general, the following circumstances increase the likelihood of receiving workers’ compensation benefits for mental health conditions:
Work Caused the Mental Health Condition
Mental health problems arise for several reasons, and workers could have a tough time proving that work-related issues were the cause. But if the employee can prove that their job is the leading cause of the psychological condition, they may be eligible for compensation.
A Mental Health Professional Diagnosis
Not every stressful incident leads to a mental health disorder. Therefore, employees may not be eligible for worker’s comp benefits unless a medical practitioner diagnoses them. Furthermore, the treatment for the said condition should be well-documented.
Unusual Circumstances Caused It
Employees are more likely to get workers’ comp if their mental health issue is caused by:
· A work-related physical injury
· An extremely traumatic experience
· Stress or trauma experienced as a first responder
These factors can cause varying mental health problems, increasing the likelihood of the worker getting compensation.
Employees might not get workers’ compensation benefits if everyday workplace pressures caused their mental health problems. Employer actions in good faith are also insufficient justification for workers’ comp. Examples include giving poor reviews and meting out disciplinary action.
An employee’s chances of getting workers’ comp benefits are higher if their psychological condition stems from a work-related physical injury. The worker experiences a back injury on the job and suffers a depressive disorder because of this condition. Then they could receive compensation for mental illness and the original physical injury.
About InsureMyWorkComp
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