Not all work-related injuries are visible. California Labor Code §3208.3 addresses psychiatric injuries, including stress, anxiety, depression, and PTSD caused by workplace conditions.
However, claiming a mental health injury under workers’ compensation is more complicated than for physical injuries.
What Labor Code §3208.3 Says:
To qualify as a compensable psychiatric injury, an injured worker must prove that:
- Actual Events of Employment were the predominant cause (51% or more) of the injury.
- The worker was employed for at least 6 months (unless the injury is from a sudden violent act or extraordinary event).
- The claim is not filed post-termination, unless specific exceptions apply (e.g., documented complaints before termination).
Here’s the full text:
Labor Code §3208.3(b): “In order to establish a compensable psychiatric injury, an employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury.”
Why This Code Matters
Insurers often deny mental health claims due to the strict standards. The “predominant cause” rule is a higher burden of proof than the typical physical injury claim. If your claim is post-termination or tied to personnel actions (e.g., demotion), you’ll need strong supporting evidence and legal help.
Want to Learn More?
Labor Code §3208.1 is just one of many critical laws that protect injured workers in California. To get the full picture, check out our comprehensive guide:
👉 🔝 Top 25 California Labor Codes for Workers’ Compensation (2025 Guide)
How EFLL Can Help
We have successfully fought for workers with legitimate psychiatric injuries—especially those facing workplace harassment, retaliation, or extreme trauma. We know how to gather medical and factual evidence to overcome §3208.3’s barriers.
If your injury is being challenged or your cumulative trauma claim was denied, Employees First Labor Law can help. We’ll make sure your injury is recognized and your claim is taken seriously.
