In the event that stress at work compels you to take a leave of absence, you may be eligible to collect workers’ compensation benefits. You may be able to get two-thirds of your lost wages if you qualify. Your wage loss while on an unpaid stress leave may be at least partially covered by these workers’ compensation benefits.
Read on to learn more and then contact PLBH at (800) 435-7542 if you need a legal consultation with an employment law attorney.
Not all psychological injuries are covered by workers’ compensation in California
A psychological injury is covered by workers’ compensation in California if it, according to the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association, is a mental disorder that results in a disability or the requirement for medical care.
“Stress” is not acknowledged as a mental illness in the DSM. However, a few disorders that are comparable but are classified as mental illnesses include severe depression and a disorder called generalized anxiety. You must demonstrate that the stressful condition was primarily brought on by events at work if you want to receive workers’ compensation for your workplace stress.
The preponderance of the evidence must support this. These workplace incidents cannot be attributed to personnel choices or actions that lawful, inclusive, and done in good faith. If you have worked for your employer for at least six months, you are only qualified to receive workers’ compensation benefits for a stress injury.
Can I receive support for a temporary disability?
According to California law, short-term absences from employment are covered by disability insurance. This insurance is intended to cover salary losses for time away from work due to an illness or injury unrelated to the workplace. If your stress was not related to your job, these benefits may help offset some of your salary loss.
Can I be fired by my boss?
Employers are not allowed to treat you differently because of a physical or mental disability under California state law. It may constitute wrongful termination if you are fired because you took a stress leave of absence. You may be the target of less severe employment discrimination.
According to the Fair Employment and Housing Act (FEHA) of California, a mental handicap is any psychiatric ailment or disorder that restricts a significant living activity. This includes ailments such as both an anxiety condition and severe depression. These can be legally protected if they interfere with a key activity of daily life. A significant life action is performing manual labor, paying attention, focusing, thinking, speaking, and working.
Your employer is required to make a reasonable accommodation if a mental disability, such as stress, prevents you from performing your essential job duties. Unless doing so would cause the employer an unreasonable amount of hardship, they must take these actions.
If they refuse to do so, or if you have been retaliated against due to your stress or taking legally protected leave, contact PLBH at (800) 435-7542 for a legal consultation with an employment law attorney.