Can Workers’ Compensation Cover Stress-Related Mental Health Issues Developed at Work?

Working can be stressful, especially when you hold a job that deals with high pressure and high stakes. Whether you work in the stock market, as a farmer, an EMT, or in the manufacturing industry, you will inevitably experience some workplace stress. However, what if the stress at work gets out of control and causes mental health issues?

Many people wonder if their work-related mental health issues can qualify for workers’ compensation. After all, like physical harm, mental health can impede your ability to work. The state of Nevada does allow workers’ compensation to cover stress-related mental health issues, but the circumstances tend to be limited and very specific.

Types Of Nevada Workplace Mental Health Issues

There is a wide range of mental health issues that can result from stressful work environments. While many of these conditions are serious, some can be covered under workers’ compensation and some cannot. Mental health issues you could potentially acquire from work include:

• Job-related stress
• Anxiety
• Depression
• Post-traumatic stress
• Burnout

When Are Mental Health Issues Covered Under Nevada Workers’ Compensation?

Nevada allows those with workplace mental health conditions to receive compensation under NRS 616C.180. However, there are specific and strict requirements in order to receive this compensation. In order to file you must work with your Las Vegas personal injury lawyer to prove the following:

• The condition occurred because of a sudden, specific, traumatic event that happened on the job.
• The condition is medically diagnosed.
• There must be clear evidence to prove the condition is related to the workplace event.
• The claim has no relation to any action such as being fired or discipline of some kind.

Helpful Examples Of Workplace Events That Can Qualify For Workers’ Compensation

What kinds of events might happen at a workplace that could cause mental health conditions and would qualify for compensation? There are many possibilities, but some examples could be: if a hotel housekeeper walks into a guestroom to find a graphic or traumatizing scene. They may start to experience nightmares, anxiety, or panic attacks as a result, and are diagnosed with PTSD by a mental health provider. This individual could qualify for workers’ compensation.

In another situation, someone working in retail could be held or exposed to an armed robbery. This person might very likely experience severe anxiety and panic attacks that make them unable to work. This person might get help from a mental health provider, be diagnosed with PTSD, and therefore qualify for workers’ compensation.

In a third example, a construction worker survives a significant scaffolding collapse. Although he is uninjured, his coworker suffers injuries. The event might cause him to experience flashbacks, psychological distress, or even depression. This could qualify for workers’ compensation and he should reach out to a Las Vegas Workers’ Compensation Lawyer right away.

What Will Not Be Covered Under Workers’ Compensation

There are just as many situations that do not qualify for workers’ compensation and it is important to understand the distinction. Nevada does not allow for incurring mental injuries through cumulative stress or normal workplace pressures. To be covered, the event must be sudden and traumatic. This means that the following will not be covered:

• Heavy workloads
• Conflicts with coworkers and supervisors
• Job insecurity
• Demotions or a change in role
• Performance evaluations
• Emotional distress from being laid off or fired

Even if these issues are severe and cause significant harm, they will not qualify for workers’ compensation. If you’re unsure if your situation meets the criteria, a personal injury lawyer can help.

Exceptions For First Responders

It’s important to note that Nevada does allow for some exceptions when it comes to first responders including police officers, firefighters, EMTs, and other similar roles. Because these jobs tend to have a higher risk of dealing with traumatic events, there is more flexibility for these professionals to file a claim. If you are a first responder, you will only have to prove:

• You directly witnessed or responded to a deadly or gruesome scene, and
• You developed a mental health condition as a result

Deadlines To Remember In Order To File a Claim For a Mental Health Issue

If you are considering filing for workers’ compensation for a mental health injury resulting from a traumatic work event, it is important that you act quickly. You should reach out to a personal injury lawyer to ensure you meet the deadlines and provide the proper paperwork for the best chances at compensation.

There are a few important deadlines you should know. When you experience a traumatic event, you will have seven days to notify your employer that it happened. Sometimes PTSD does not occur until after this seven-day deadline. You must report the traumatic event within this timeframe, whether or not you believe you sustained an injury. This report serves as a notification and does not initiate a claim.

As time goes on, if you believe you are suffering mental health issues due to the event, you have 90 days from the date it occured to open a claim. It is also important to remember that once you see a doctor for treatment of mental health, you will have three days to file from the date of treatment.

Final Thoughts On Stress-Related Mental Health Issues & Workers’ Compensation

In conclusion, workplace stress across various jobs can lead to debilitating mental health issues. It is important to understand when your stress, anxiety, depression, or PTSD can qualify for workers’ compensation and when it cannot. In addition, there are important deadlines to remember in order to file a successful claim. If you’ve experienced a traumatic event at work, act quickly and talk with a lawyer to see what next steps you should take.

This article was written by Pearson Koutcher Law, a law firm specializing in workers’ compensation cases, bringing strong relationships, skilled negotiations, and transparent service to their community.