Michigan lawyer explains how an employee can get workers’ comp for stress and anxiety when disability has been caused by the job.
Clients often ask us if it is possible to collect workers’ comp for stress and anxiety when disability has been caused by the job. Our experience is that most employees have stress and anxiety from their jobs. It is usually manageable and does not interfere with their ability to work. However, for some employees it can be overwhelming and turn into a real problem. This is especially true for employees who must constantly deal with abusive coworkers, managers, supervisors, or bosses.
We understand the problems that come with a toxic work environment. It can be crushing dealing with abusive individuals. Harassment, unreasonable deadlines, and being unfairly singled out for disciplinary action are just some of the issues we see on a regular basis. Some employees develop problems that stop them from showing up to work, completing assigned tasks, or interacting with people.
If an employee is overwhelmed and can no long function at work, it is critical for them to seek professional help. Only then can it be determined if the employee meets the criteria for a specific medical diagnosis and whether it is work-related.
Can you get workers’ comp for stress and anxiety claims in Michigan?
Yes, Michigan law provides workers’ comp for stress and anxiety claims. Medical treatment should be covered 100% without any co-pays. This includes prescription medications and therapy. Lost wages should also be paid while the employee is unable to work. Making a claim is as simple as asking the employer for medical treatment and time off.
Burden of proof
Psychiatric disability under workers’ comp can be difficult to prove. The reason for this is because no one really knows what an employee is thinking or feeling inside. Individuals react in different ways and some people cope better than others. Therefore, it is critical to seek the opinion of a medical professional and get a formal diagnosis. It has been our experience that the sooner an employee seeks help, the quicker they can return to gainful employment.
Workers’ comp for stress and anxiety must arise out of actual events of employment. A reasonable person standard will be applied to determine if an employee’s perceptions are grounded in fact and reality. Events cannot be made up, imagined, or happen in the employee’s head. However, once a real work event has been established, the employee reaction will be assessed using a subjective standard looking at his or her individual feelings.
There is no simple test to prove whether an employee can or cannot work. Mental stress and anxiety can be just as disabling as a physical injury. Unfortunately, some employers and insurance companies will not accept this fact and simply dispute benefits. Medical evidence will be required to show disability and causation.
We understand the difficulty of trying to make a living and being in a bad work environment. Contact an experienced lawyer if workers’ comp for stress and anxiety has been denied. There is no fee unless workers’ comp benefits are obtained.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.