Legal Question in Workers Comp in Virginia
Work related stress causing health problems
I work for a local government and have been diagnosed with irritable bowel syndrome. It was diagnosed years ago and was under control for years. I recently took this gov. position with a lot of stress and even with meds. cannot control the stress or it's impact on my body. Could this be considered a works comp case. I have kids to support and really need the income this jobs provides, but obviously I am concerned for my health and my inability to perform my duties as they are expected. I am in the State of Virginia.
Thank you for your time.
2 Answers from Attorneys
Re: Work related stress causing health problems
Successful workman's compensation claims require
the worker to prove either an injury received from an accident on the job or a chronic impairment as a result of an occupational disease
either of which is sufficently serious that the worker can no longer perform adequately the duties and functions of his position.
Whether your previously diagnosed irritable bowel syndrome now exacerbated by stress from your new job would qualify is doubtful but you could always file a claim and see what happens.
Re: Work related stress causing health problems
Dear Sir:
Virginia Workers Compensation Law does not cover impairments cause by stress that occurs over a period of time. Virginia Workers Compensation law requires a specific accident. Also, stress is generally not regarding as a compensable occupational illness under the Act unless triggerred by a specific accident. You do have two years from the date of diagnosis to file your claim with the Commission but I am afraid you will not have any success.
Gerald G. Lutkenhaus
www.virginiadisabilitylawyer.com
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