Can you file for workers’ comp after suffering a panic attack on the job? In many cases, yes — but proving the connection between workplace stress and a mental health crisis takes more than just a medical diagnosis.
At Employees First Labor Law, we help workers across California file successful workers’ comp claims for panic attacks, anxiety, and other job-related psychiatric injuries. Here’s what you need to know.
1. Are Panic Attacks Covered Under California Workers’ Comp?
Yes — panic attacks may qualify as a compensable psychiatric injury under California Labor Code § 3208.3 if the condition:
- Is diagnosed using criteria from the DSM-5 by a licensed physician or psychologist,
- Causes disability or a need for treatment, and
- Is predominantly caused by actual events of employment (51% or more).
In short, if your panic attack stems mainly from job-related stress or trauma and leads to time off work or ongoing treatment, you may have a valid claim.
2. Common Workplace Triggers for Panic Attacks
- Verbal abuse, threats, or bullying by supervisors or coworkers
- Toxic workloads or constant fear of discipline or termination
- Witnessing or experiencing violence, harassment, or discrimination
- Overwhelming demands, deadlines, or under-resourcing
- Retaliation after protected activity (whistleblowing, filing a complaint, etc.)
🔎 Real example: A warehouse employee suffers a panic attack after being screamed at and threatened with termination for reporting a safety violation. He’s taken to the ER and diagnosed with acute stress disorder.
3. Signs You May Be Suffering a Compensable Panic Attack
Panic attacks can feel like heart attacks or life-threatening emergencies. Symptoms often include:
- Racing heartbeat or chest pain
- Shortness of breath
- Dizziness or fainting
- Numbness or tingling
- Shaking, sweating, or chills
- Feeling detached from reality
- Overwhelming fear of losing control or dying
If this occurs at or because of work — and requires emergency care, time off, or therapy — you may be entitled to workers’ comp benefits.
4. How to File a Workers’ Comp Claim for a Panic Attack
| Step | Action | Tips |
|---|---|---|
| 1. Report It | Notify your employer ASAP. | Panic attacks often get dismissed — document how it relates to your job. |
| 2. Seek Medical Help | Go to the ER or see a psychologist. | Get a DSM-5 diagnosis & note the workplace connection. |
| 3. Submit a DWC-1 Form | File the official workers’ comp claim form. | Keep a copy and date it. |
| 4. Follow Up on Medical Treatment | Attend all appointments and follow doctor advice. | Gaps in care may hurt your claim. |
| 5. Consult a Lawyer | Psychiatric claims face frequent denials. | EFLL has a proven track record on mental health claims. |
5. What Workers’ Comp Benefits Can You Receive?
- Temporary Disability (TD): Partial wage replacement if you’re unable to work.
- Medical Treatment: Therapy, medication, psychiatric evaluations, etc.
- Permanent Disability (PD): If your panic disorder causes lasting work limitations.
- Supplemental Job Displacement Voucher: If you can’t return to your usual work.
- Possible civil claims for discrimination or retaliation, depending on the facts.
📘 Read more: TD vs. PD Benefits: California Workers’ Comp Guide
6. How Employers and Insurers Try to Deny Panic Attack Claims
| Defense | What They’ll Argue | How We Fight Back |
|---|---|---|
| “Not Work-Related” | The attack was due to personal issues like family or finances. | We build timelines, witness testimony, and expert reports to prove it was job-induced. |
| “Good Faith Personnel Action” | Employer was disciplining or evaluating you fairly. | We argue excessive, discriminatory, or retaliatory conduct isn’t “good faith.” |
| “No Objective Evidence” | You’re exaggerating or don’t meet the psychiatric injury standard. | We work with licensed psychologists who issue bulletproof reports. |
7. Why Panic Attack Claims Require Legal Help
Mental health claims in the comp system are routinely denied or undervalued. Without strong evidence and advocacy, many workers are left with:
- Denied treatment
- Lost wages
- No settlement
- Emotional trauma with no recourse
At EFLL, we:
- Work with compassionate, employee-friendly doctors
- Demand fair psychiatric QME evaluations
- Collect supporting evidence from co-workers, HR reports, and performance records
- Negotiate maximum settlements or take your case to trial if needed
8. Let EFLL Help You Take Control of Your Recovery
A panic attack at work isn’t “just stress” — it’s a legitimate medical emergency with real consequences. At Employees First Labor Law, we fight to make sure injured workers get compensated and respected.
Contact Employees First Labor Law today for a free case evaluation.
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