Psychological Injuries
Psychological Injuries
Psychological Injuries
A workplace injury can result in not only physical disability but also psychological injury. According to Labor Code Section 3208.3(b)(1), to establish that a psychological injury arose from work, an employee must demonstrate that actual employment events were the predominant cause (more than 50%) of their condition—unless the injury resulted from a violent act.
Additionally, the employee must have been employed for at least six months, though this period does not need to be continuous, nor does it have to be completed before the date of injury. However, an exception to the six-month requirement applies in cases involving sudden and extraordinary employment conditions.
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Types of Psychological Injuries
There are three forms of psyche injuries:
- Physical – Mental: This occurs when physical injuries produce psychic trauma or symptoms.Example: The pain from an employee’s leg injury at work has resulted in sleepless nights and anxiety.
- Mental – Mental: This occurs when psychic trauma produces psychological injury. These are pure psyche claims, although they might bring about physical symptoms. These injuries generally occur as a result of work-related stress.Example: The work environment included verbal abuse that resulted in anxiety and stress.
- Mental – Physical: This occurs when the psychic trauma results in physical injury.Example: The stress an employee suffered in work caused an aggravation of the employee’s high blood pressure condition.
If you’ve suffered a work-related physical or psychological injury, don’t navigate the complex workers’ compensation system alone. Call us today for a free consultation, and let us fight for the compensation you deserve.