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When should stress be considered a disability at work?

An overview of stress be considered a disability at work | GN

The majority of Americans have experienced work-related stress at some point. Once a crucial deadline is met or a workplace disagreement has been resolved, stress related to work is frequently short-lived. There are other situations, though, when you might experience persistent stress and worry at work, which might cause serious psychological issues.

So, is it possible to receive workers’ comp payments for stress in the same way that you would for a physical injury? Maybe. Despite the fact that California does not have a specific stress leave law, the state’s workers’ compensation laws may nevertheless allow you to file a claim if you suffer a bodily injury that leads to work related stress disability at your job. In accordance with the Family Medical Leave Act and the California Family Rights Act, you can potentially be qualified for unpaid time off for stress.

How to Get Workers’ Comp for Stress and Anxiety in California

The law requires your employer to pay for your worker’s compensation benefits if you’re a California employee who sustains a work-related accident or sickness. This is also accurate if you experience psychological harm and require money to get better. According to California law, you may be entitled to compensation for a work-related psychiatric injury or disability at work if you have been diagnosed with a mental disorder that has necessitated medical attention or rendered you disabled. Also as per the Labor Code 3208.3 in California the following criteria’s set. 

Employee VS Employer: how can you sue for stress and anxiety

Worker’s compensation and disability insurance eligibility are the two conditions that must be met in the California lawsuit. Workers may be entitled to disability insurance coverage if they become disabled as an outcome of job-related stress. disease or injury. Workers who are enrolled on the state’s workers comp disability benefits policy and pass specific clinical and eligibility criteria are authorized to achieve the desired benefits and compensation. On the other side, workers’ compensation offers benefits for illnesses or accidents sustained at work. Workers in California are often qualified for benefits starting on the first day of employment. Employees must notify their employer as soon as they sustain an injury at work and submit a claim to be eligible for benefits. Understanding the eligibility requirements and seeking legal guidance can help workers navigate the process smoothly.

Both employees and employers have legal options for dealing with instances of stress and anxiety at work. Under some conditions, workers might think about suing their employer. To successfully sue for disability for stress and anxiety, employees generally need to demonstrate that the employer’s actions or negligence directly caused their mental distress. It might comprise proving that the employer violated labour rules, failed to handle harassment or discrimination claims, failed to create a safe work environment, or caused excessive stress and depression situation for the employees. To prove their claim, employees might also need to offer medical documentation or expert testimony. It’s crucial for individuals considering legal action to consult with an employment lawyer experienced in workplace stress cases. Employers, on the other hand, can take proactive measures to prevent lawsuits by fostering a healthy work environment, addressing employee concerns promptly, implementing workplace policies that prioritize well-being, and providing necessary support and resources to manage stress in the workplace.


A California workers’ compensation claim or an FMLA leave of absence could help you get back on track if your stress at work has led to a psychological injury. You may also be qualified to submit a claim for workplace harassment or disability discrimination at work if the stress you are experiencing is a result of such behaviour. Contact our knowledgeable California employment lawyers at our law firm for a quick consultation now to learn more about your potential alternatives. Contact us at (562) 561-2669 or visit  Workers’ Compensation Attorney Long Beach at Gaylord Nantais for a free case evaluation.


Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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