When most people think of workers’ compensation, they think of broken bones, back injuries, or repetitive stress trauma. But what about the injuries you can’t see?
Under California law, psychological and emotional injuries can also qualify for workers’ compensation — if they’re caused by or aggravated by your job. These are some of the most challenging claims to win, but also some of the most important for protecting long-term mental health and financial stability.
At Employees First Labor Law, we’ve helped countless workers secure benefits for depression, anxiety, PTSD, and other serious psychological conditions caused by hostile work environments, traumatic events, or chronic workplace stress.
🔹 What Counts as a Psychological Injury in California Workers’ Comp?
Psychological injuries are also known as psychiatric injuries and can include:
- Anxiety disorders
- Major depressive disorder
- Post-Traumatic Stress Disorder (PTSD)
- Sleep disturbances or chronic insomnia
- Emotional trauma from workplace violence
- Mental breakdowns from toxic work environments
- Panic attacks, phobias, or adjustment disorders
Legal Reference: California Labor Code § 3208.3 governs psychiatric injuries and outlines the specific criteria for compensability.
🔹 Can You File a Claim for Stress or Mental Health Issues?
Yes — but the standard for psych injury claims is higher than for physical injuries. To qualify, you must generally show:
- You were employed for at least 6 months (unless the injury was caused by a sudden, extraordinary event)
- The injury was predominantly caused (51%+) by actual work conditions, not personal issues
- The injury is diagnosed by a licensed psychiatrist or psychologist
- The claim is not caused solely by a lawful, good faith personnel action (like discipline or layoff)
🔹 Common Causes of Work-Related Psych Injuries
Psychological injuries may be caused by:
- Harassment, discrimination, or retaliation
- Witnessing or experiencing workplace violence
- Excessive workload or burnout
- Toxic or abusive management
- Isolation, fear of termination, or retaliation for reporting misconduct
Sometimes, these claims are paired with physical injuries, such as PTSD after a machinery accident, or depression following a debilitating back injury. These combined injury claims are often stronger and more likely to be approved.
🔹 What Benefits Are Available for Psychiatric Injuries?
If your psych injury is accepted under workers’ comp, you may be entitled to:
✅ Medical Treatment
- Therapy and counseling
- Psychiatric medications
- Inpatient care or treatment programs
✅ Temporary Disability Benefits
Wage replacement if you’re unable to work while receiving treatment.
✅ Permanent Disability Benefits
If your condition is long-lasting or permanently impairs your ability to work, you may receive PD payments based on an impairment rating.
✅ Supplemental Job Displacement Benefits
If you can’t return to your old job, you may receive a $6,000 voucher for retraining or education.
🔹 Challenges in Psychological Injury Claims
Psych injury cases are frequently denied or undervalued by insurance companies. Common tactics include:
- Claiming your condition was caused by personal problems
- Labeling your reaction as “subjective” or “non-industrial”
- Blaming lawful management decisions
- Using biased psychiatric evaluators
At EFLL, we know how to combat these strategies and present a strong case backed by:
- Objective psychiatric evaluations
- Witness statements
- Workplace documentation
- Prior complaints or reports of a hostile environment
🔹 When a Psych Claim Follows Retaliation or Discrimination
Psychological injuries are often connected to illegal employer behavior, such as:
- Whistleblower retaliation
- Sexual harassment
- Racial or disability discrimination
- Wrongful termination
In these cases, you may have both a workers’ comp claim and a separate civil lawsuit under California’s Fair Employment and Housing Act (FEHA). EFLL handles both — allowing us to pursue every available remedy, from medical benefits to emotional distress damages, punitive damages, and attorneys’ fees.
🔹 Why Choose Employees First Labor Law?
Psychological injuries are complex — and insurance carriers know how to exploit that. We level the playing field by:
- Connecting you with experienced, neutral psychiatric evaluators
- Documenting a clear, industrial cause for your condition
- Disputing denials based on “good faith personnel actions”
- Pursuing both comp and civil claims where applicable
We’ve recovered millions of dollars in benefits and settlements for California workers whose mental health was shattered by the job — and we’re ready to fight for you, too.
✅ Get a Free Confidential Case Review
If your mental health has suffered due to a toxic, dangerous, or traumatizing workplace, don’t suffer in silence. Call us today or submit your case for a free consultation. You may be entitled to full medical treatment, wage replacement, and more.
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📩 Submit Your Case Here
Your mental health matters — and the law is on your side.
