What is a Stress Claim in Workers’ Compensation?

Author: David Lavi, Esq.

February 2, 2025

Workplace stress is an inevitable part of many jobs, but when it becomes overwhelming and leads to serious mental or emotional health issues, it may be grounds for a stress claim under workers’ compensation. While physical injuries like fractures or sprains are commonly associated with workers’ compensation, psychological injuries—such as anxiety, depression, or post-traumatic stress disorder (PTSD)—can also qualify for benefits.

So, what exactly is a stress claim, and how does it work? Let’s dive in.

Understanding a Stress Claim in Workers’ Compensation

A stress claim is a type of workers’ compensation claim filed by an employee who has suffered a psychological or emotional injury due to work-related stress. These claims fall under the broader category of mental health injuries, which can be caused by:

• Chronic workplace stress (e.g., excessive workload, long hours, unrealistic deadlines)
• Workplace harassment or bullying
• Exposure to traumatic events (e.g., first responders witnessing tragic incidents)
• Hostile work environments
• Workplace violence or threats

Unlike physical injuries, stress-related claims are harder to prove, as they rely on medical documentation and evidence showing that work conditions directly contributed to the mental health issue.

Types of Stress Claims

Workers’ compensation systems generally categorize stress claims into two types:

1. Physical-Mental Claims

These occur when a physical injury leads to a mental health condition. For example, if an employee suffers a severe back injury that leads to chronic pain, they might develop depression or anxiety as a result.

2. Mental-Mental Claims

These involve a purely psychological injury without a preceding physical injury. For example, a firefighter who develops PTSD after witnessing a traumatic event at work may file a stress claim based on emotional distress alone.

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Challenges in Filing a Stress Claim

Stress claims are notoriously difficult to prove, and many employers or insurance companies may deny them due to lack of concrete evidence. Here are some common hurdles:

• Burden of Proof: Employees must demonstrate that their mental health condition is directly caused by workplace stress and not personal issues.
• Medical Documentation: A diagnosis from a licensed mental health professional is crucial.
• Exclusions for “Ordinary Work Stress”: Some states or countries may deny claims that arise from general workplace stress, requiring evidence of extraordinary or abnormal stressors.
• Employer Disputes: Employers may argue that the stress is due to personal circumstances or pre-existing conditions, making it harder for employees to win their claims.

How to Strengthen a Stress Claim

If you’re considering filing a stress claim, here are some key steps to improve your chances of approval:

1. Seek Medical Treatment – Get an official diagnosis from a psychologist, psychiatrist, or doctor. Their medical reports will serve as critical evidence.
2. Document Everything – Keep records of workplace incidents, emails, reports, or anything that shows excessive stress, bullying, or traumatic events.
3. Report the Issue to Your Employer – File a formal complaint or incident report if applicable.
4. Consult a Workers’ Compensation Attorney – Given the complexity of stress claims, legal advice can help navigate the process and increase the chances of success.

Final Thoughts

While stress is a normal part of work, excessive or traumatic stress can lead to serious mental health conditions that may qualify for workers’ compensation benefits. However, because stress claims are often more difficult to prove than physical injury claims, employees must gather strong evidence, seek medical treatment, and follow proper legal channels to increase their chances of a successful claim.

If you’re experiencing severe work-related stress, don’t hesitate to contact our specialists at E&L, LLP.  Protecting your mental health is just as important as safeguarding your physical well-being.

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