Can You Claim for Psychological Stress at Work?
Some occupations are far more stressful than others. Take, for example, an air traffic controller or a trauma doctor, where these individuals are under a lot of pressure and there are many lives at stake. While these may be considered extremes, stress can manifest itself in many different ways to different people in 'ordinary' occupations as well. If you are at your wit's end due to problems in your workplace, can you make a claim for insurance, so that you can seek help and get better?
Focusing on Work
It's certainly possible to claim under the worker's competition scheme for psychological injuries sustained while at work. This can definitely include work-related stress, with the emphasis on 'work-related', which can manifest itself in emotional, psychological or physical ailments. In short, the demands of the work exceed the worker's capacity or available resources, and problems arise.
Careful Identification
Certainly, it's not as easy to prove a case of psychological illness as it may be something more obvious, such as a broken arm. Investigators will go through a process of elimination to make sure that the stress you're claiming was not related to something outside of the work environment. They need to be able to identify the source of the stress and will certainly ask whether it was pre-existing or whether you had received treatment for psychological illness before.
Unlikely to Succeed
Some people have submitted a claim for worker's compensation relief due to decisions made in the workplace that may have adversely affected them. For example, they may have been passed over for a promotion or transferred to a different department. They may have been demoted or been subject to some disciplinary action. Ordinarily, this type of scenario will not be sufficient to prove a case in a worker's compensation court, as these are said to be 'reasonable management actions', and absent evidence to the contrary, are just a normal part of business.
Building Your Case
You will need to gather as much information as you can and, ideally, have some witnesses to help you prove your case. It will help if you can show that this situation has been ongoing for some time and has been getting worse, but don't be surprised if the process takes quite some time to unfold. You may have to meet with investigators a couple of times and get statements from witnesses, and these may need to be gathered in the presence of an insurance company representative.
What You Should Do
To help you succeed, you should seek advice from a worker's compensation lawyer. Contact a law firm like Hoffmans Injury Lawyers to learn more.
