Legal Question in Workers Comp in California

If you have suffered a valid mental injury you can make a claim, but merely feeling greatly stressed out is not an injury. It may be a perfectly logical reaction to what is in fact a very stressful job. Psych injuries are normally rejected by the WC insurer. By the time you have a determination on your claim by the WCAB you will have been laid off from your job, not collected any WC benefits [but applied for State Disability], and will have been seeking employment in a very tight labor market. You will probably elimate yorself from many possible jobs because no one wants to hire someone who can not tolerate some stress.

I would suggest you speak to your HR representative and see if some substantial changes can be made to reduce the stress.

Insurance company fights generalized stress at work very hard and the amount of compensation is not very much. However, if the stress is unusual such as threats of physical violence, abuses, mental stress from a physical attcks or harassment then the recovery will be higher. Feel free to call us at 213.388.7070 for a free consultation.