How do I get workers’ comp for stress at work?

This video reviews what steps you can take to pursue workers’ comp benefits if you are suffering the effects of stress at work, whether it be psychiatric or physical. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Many times people believe they need to have suffered a specific injury at work for workers’ comp to apply. However, many injuries are cumulative in nature, such as a stress injury. This video provides an overview of how to get workers’ comp started, narrowing down what your injury is that was caused by stress (whether it’s depression, anxiety, headaches, hypertension, upset stomach, etc.) from filing a Claim Form to getting testing to likely getting a panel QME.
Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
The Claim Form referenced in the video is available here - www.dir.ca.gov/dwc/DWCForm1.pdf
If you have any questions, let us know at [e-mail]

[@Lana-or5dz]

Stress claim- insomnia due to stress I’m thinking of filing a claim

[@myworkerscompguide]

You can get a Claim Form from your employer, or use the link above in the description for the video. A few thoughts - 1. Psychiatric/stress claims can be some of the most challenging to pursue. Often times the employer often denies the claim, and quite a bit of discovery takes place before they accept the claim or you settle. 2. The general rule is that you must show that actual events of employment are predominant as to all causes of stress. So generally, 51% of the psychiatric stress is due to work events. I counsel my clients that this means much of your life is an open book, as the insurance company is going to try to find anything in your past that could have been a stressor and causing your problems. For some people, this is too much. 3. There are many defenses and complicated issues that can come up in a workers' comp stress claim. You often would be best served by talking to an attorney. It can be very challenging for a worker to successfully litigate a denied stress claim on their own. If you have other questions, let us know. Best of luck!

[@bunnyfunny2130]

I am diagnosed with adjustment disorder due to being bullied by my direct manager. Higher management did nothing about it. I am off sick at the moment. I just don't see that I can face to work with this bully again.

[@myworkerscompguide]

You could file a claim for workers' compensation based on stress and anxiety. If you prevail, you would get temporary disability while you were off work, medical treatment, and any permanent partial disability. It's just that it's an uphill battle as I noted in the video. The other primary option is to just walk away from the job and not pursue it. You may want to reach out to an attorney for a consultation before deciding.

[@hkaplanlaw]

That's an interesting question. Thanks for answering it!

[@myworkerscompguide]

Happy to help inform.

[@84CORVETTEBILL]

Hands down the best presentation I’ve seen on the subject sir… This is immensely helpful…even though daunting. Again , thanks for this….really well presented. P.s. your voice was really clear and calm…very helpful

[@myworkerscompguide]

Thank you for the kind words. Just trying to help injured workers understand the confusing workers' comp system.

[@BearPapa49]

In any WC case I can’t believe someone would go into the WC system without an attorney. So much can be missed without one and it could cost ya mentally or financially let alone physically if you don’t get the proper treatment.

[@myworkerscompguide]

I believe most injured workers would be best served by having an attorney, especially in denied cases or if there has been time lost from work. However, as a judge I had unrepresented injured workers before me every day, whether it was a Status Conference, a MSC, or even Trial. The majority of workers' comp cases in California do not have attorneys involved, and for those unrepresented injured workers going it alone, there are these videos to help educate.

[@BearPapa49]

Jeremy on average if the qme is completed for internal medicine and it’s proven that it’s caused by meds etc . What on average what are the damages worth ?

[@benalexender3046]

Thanks ❤

[@myworkerscompguide]

Happy to help inform.

[@lifeasReno]

Please do a video of who is your primary care physician I had a nurse practitioner saying she is my primary care physician but she never had a doctors signature or name on any of my duty status reports then she released me back to work even after I explained I'm not capable of doing my job because of my injury. I'm a CMV driver.

[@myworkerscompguide]

Excellent suggestion. I'll post one in the coming days.

[@lifeasReno]

@@myworkerscompguide thank you that was very informative.

[@myworkerscompguide]

Glad we could help!

[@user-jj2nv6ng2e]

This process is confusing. If a supervisor attacks you and causes mental illness that lead to physical issue, then what? Is the form first or the lawyer first? Can a company deny when employee is attacked by supervisor in front of other worker?

[@myworkerscompguide]

If an attack at work causes physical injury, then it is usually accepted and straightforward. If an attack at work causes a mental/psychiatric injury which then leads to physical issues, that is often more difficult because the injured worker needs to prove the psychiatric injury to start with. Since it is the psychiatric injury which is then causing the physical manifestations, the insurance company may deny the psychiatric injury for a number of reasons. Often times a QME will be needed to address causation of the psychiatric injury, and a trial may be needed as well on factual issues. I'd recommend reaching out to a local attorney for a consult, and you can start your search at the California State Bar website, click on advanced search, and look for certified specialists in your area.

[@user-jj2nv6ng2e]

@@myworkerscompguide thank you.