Michigan lawyer discusses “burnout” and how to get medical treatment and wage loss benefits under workers’ comp.
We have blogged about the medical condition known as “burnout” for many years. Lots of people have contacted our office wanting to know if they can file a Michigan workers’ comp claim for burnout. The answer is ‘yes’ but it can be difficult to get the claim approved. Here is some information that everyone should know about their legal rights.
The World Health Organization recognized burnout as a legitimate medical diagnosis. It was included in the International Classifications of Diseases (ICD-11). It is defined as a syndrome resulting from chronic workplace stress that has not been successfully managed. It is characterized by three dimensions: 1) feelings of energy depletion or exhaustion; 2) increased mental distance from one’s job, or feelings of negativism or cynicism related to one’s job; and 3) reduced professional efficacy. Other psychiatric conditions, such as anxiety and/or depression, should be ruled out before a diagnosis of burnout can be made.
Knowing if you can file a workers comp claim for burnout in Michigan is important because of the number of people who feel their jobs negatively impact their lives. It can be extremely difficult to handle work pressures when management refuses to deal with problems. This includes being assigned too much work, unreasonable deadlines, low pay, and toxic work environments.
Can I file a workers’ comp claim for burnout in Michigan?
Michigan law allows employees suffering from psychiatric disability such as burnout to file a workers’ comp claim for both medical and wage loss benefits. For you to be covered, it must arise out of actual events from the workplace and be reasonably grounded in fact or reality. It cannot be based upon imaginary or made up events. A person’s reaction to those events will be judged on a subjective basis. This means how a person feels about a situation is directly relevant to the question of disability.
About wage loss benefits for this type of case
Though you can file a workers’ comp claim for burnout it is important to know these cases are extremely difficult because there is no easy way to prove what a person thinks or feels. A person who can prove this psychiatric disability from their job is also not automatically entitled to lost wages. Payment does not begin until 7 consecutive days of disability. The ability to work in another job would most likely disqualify a person from collecting any wage loss benefits at all.
Disputes about the payment of benefits can be challenged. Medical evidence will be required to successfully prove a case. This is usually more than a family doctor just saying a person must take a couple weeks off. We encourage anyone with burnout to seek professional medical help with a specialist. If you choose to file a workers’ comp claim, make sure you have medical evidence that supports both causation and disability.
We are glad to see the medical community come up with diagnostic criteria that can be used to help more people with mental health issues. Unfortunately, filing a Michigan workers’ comp claim for burnout is not always a solution for an employee who just needs some time away from work. We hope that other options become available as this diagnosis gains more acceptance. For example, paid mental health days can go a long way to alleviating burnout and improving morale.
Are you suffering from burnout on the job in Michigan and wondering if you can file a workers’ comp claim? Call our attorneys now for a free consultation!
If you are suffering from burnout due to work in Michigan and you have questions about filing a workers’ comp claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. (855) 221-2667 for a free consultation today.
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