Work Stress & Mental Health Claim Attorney in Van Nuys, CA
California workers’ compensation covers psychiatric injuries — including anxiety, depression, and other diagnosable mental health conditions — when they are substantially caused by work. These claims face a higher bar than physical injury claims: actual employment events must be the predominant cause of the psychiatric injury, and a psychologist or psychiatrist’s evaluation is central to establishing the claim.
Key Points
- Actual events of employment must be shown to be the predominant cause (more than 50%) of the psychiatric injury
- There is generally a minimum six-month employment requirement before a psychiatric claim can be filed, with exceptions for sudden and extraordinary events or certain violent acts
- A claim can stand alone (a purely psychiatric injury) or accompany a physical injury claim as a secondary psychiatric injury
- A qualified psychiatric or psychological evaluation is typically required to substantiate the claim
Considerations
- Good-faith, non-discriminatory personnel actions (such as a legitimate performance review or termination) are generally excluded as a basis for a psychiatric claim, which makes how the claim is framed and documented important
- These claims are frequently and aggressively disputed by insurers, given the heightened legal standard
- Medical records from mental health providers, created contemporaneously rather than after the fact, carry significant weight
California Law Note
Labor Code § 3208.3 sets the “predominant cause” standard specific to psychiatric injury claims and excludes claims substantially caused by lawful, nondiscriminatory personnel decisions — a significantly higher bar than the general workers’ compensation standard for physical injuries.
Related Questions
How do I know if my injury is covered by workers’ compensation?
Most injuries and illnesses connected to your job duties are covered, whether from a single accident or from repeated activity over time (cumulative trauma). Coverage questions are fact-specific — the most reliable way to find out is a free case evaluation, where the facts of how and when the injury happened can be reviewed directly.
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