Can I Receive Workers' Comp Benefits for Work-Related Stress in NY?

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.