Work-related stress occurs when an employer’s demands and pressures
do not match with an employee’s abilities and knowledge, challenging
the employee’s ability to cope with and compromising their productivity
and mental health. This often occurs in workplaces where an employee has
limited opportunities and support from others.
In some cases, excessive stress can be just as harmful as a physical injury.
Constantly feeling stressed can result in appetite and sleeping issues,
as well as accelerate the development of illness.
Many people who suffer from work-related stress in New York wonder if this
type of psychological injury is covered by
workers’ compensation. The truth is if you wish to obtain worker’s comp benefits in New
York for mental injuries such as stress, you must prove that the stress
you experienced is greater than that which other employees in the same
field experienced in a normal job environment.
While state law does allow mental distress claims, proving them are quite
challenging. For example, stress due to being terminated, demoted, disciplined,
evaluated, or transferred is not compensable if it arose on good faith
by your employer.
If you were required to work extra hours to fill-in for a constantly absent
employee, the stress from this situation is not compensable since this
commonly occurs at other jobs. If your stress is caused when your employer
expresses anger and shouts profanities throughout the workday, it is not
compensable this the employer is directly insulting the employee.
The following are common situations where you may have a case:
- If you suffered a workplace injury and the pain and trauma from the injury
resulted in stress
- If you witnessed a traumatic event on the job while you were working, which
led to suffering mental trauma
- If you were exposed to adverse working conditions that caused psychological distress
If you have suffered extreme stress due to workplace conditions which require
medical treatment, our New York City workers’ compensation attorneys at
Lurie, Ilchert, MacDonnell & Ryan LLP can help. We can evaluate your case, figure out your legal options, and
help you obtain the benefits necessary to recover from injury.
Contact us and schedule a free consultation for more information today.