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Workers' Compensation Mental Stress Claims
Under certain circumstances, you can claim workers' compensation disability for job-related psychological stress. However, employers and insurers will vigorously fight these claims, and the standard of proof is very high. The courts require that you prove "abnormal" working conditions.
Martin Banks gives you at least a fighting chance. Our experienced lawyers practice exclusively in workers' compensation and Social Security Disability law, and we have prevailed in mental stress claims.
Serving Philadelphia and southeast Pennsylvania, we offer a free case evaluation to determine if your claim has merit. Call us at 888-229-6467 or 215-268-7646.
Job-Related Stress as a Disability Claim
The standard for so-called mental/mental claims is "abnormal working conditions." A verbally abusive boss is not sufficient grounds. But a convenience store clerk who has been robbed at gunpoint might have a viable case for work-induced anxiety.
Claims alleging a "nervous breakdown" from a hostile working environment or traumatic workplace events are hard to win. For example, courts have held that a prison guard pelted by inmates' feces and a police officer who saw his partner fatally shot did not meet the standard because those working conditions were not "abnormal." Usually, some sort of physical injury must be demonstrated, but on occasion, a claim for mental stress can succeed depending on the circumstances.
Mental Stress from the Aftermath of an Injury
We have had better success with mental stress claims as a consequence of an accident or job injury. For example, a person suffers a work-related back injury and has surgery to repair the injury. The surgery leaves the person in terrible pain, which leads to depression.
We work with doctors, psychiatrists and psychologists to document chronic pain, headaches or lasting physical effects of the injury, and sleeplessness, panic attacks, suicidal thoughts and other psychological or emotional effects that interrupt their ability to work.
Let's Explore Your Mental Stress Claim
Our attorneys offer a free consultation, and if we take your case there are no attorney fees unless we secure your workers' compensation benefits. Contact us today to arrange a meeting at any of our offices in the Philly Metro and surrounding counties.
