The Role of Mental Health in Disability and Workers’ Comp Claims
When most people think about workers’ compensation or social security disability (SSD), they think of physical injuries that occur on the job or physical disabilities that prevent them from working. While many of the approximately 5 million workers’ comp claims and two million SSD applications filed each year are due to physical injuries and impairments, mental health problems are becoming much more common. In fact, according to a report by Atticus, a workers’ compensation and disability company, mental health issues now make up 52% of all workplace injury cases.
Since May is Mental Health Awareness Month, it’s a good time to think about the importance of mental health and recognize that these issues can be a serious “workplace injury” – one that should be covered by workers’ comp and SSD. While many states have workers’ compensation and disability laws that address mental health-related injuries, the amount of coverage varies. Thankfully, in recent years, there has been a growing movement to expand workers’ compensation coverage and treatment for mental illness.
For instance, New York now covers mental health conditions caused by extraordinary work-related stress. This expansion, effective January 1, 2025, allows any employee (not just first responders) to file a claim for specific mental health injuries that stem from their work environment. However, proving it can be challenging.
It’s Not all in Your Head
The Atticus study found that 1 in 10 workers experience mental health issues related to their jobs and those issues are more common than other kinds of workplace injuries. For example, mental health issues are 10 times more common than chemical exposure and nine times more common than head injuries. In addition, mental health conditions can often stem from physical injuries or lead to physical illnesses. For instance:
Physical-to-Mental Injuries: If a physical injury that occurred at work leads to a mental health condition, such as depression or anxiety, that mental health condition is often covered under workers’ compensation (filed under a secondary claim). If, for example, you hurt your back while on the job and develop a depressive disorder as a result (as diagnosed by a medical professional), you would likely be entitled to compensation for both the original injury and the mental health condition. (Keep in mind, many states still do not allow any workers’ comp for mental health conditions unless they are tied to a physical injury.)
Mental-to-Mental Injuries: Even if there is no physical injury, some states, like New York, have laws that cover mental health conditions that arise from a traumatic event at work. For instance, a worker who develops PTSD after witnessing a violent event at work might be eligible for benefits. As mentioned earlier, extraordinary work-related stress that leads to a mental health issue can also qualify someone for benefits. This also applies if stress leads to physical illnesses that prevent someone from working.
First Responders: Many states have specific laws that cover PTSD claims for first responders, such as police officers, firefighters, and EMS personnel, who may experience traumatic events as part of their job.
What Qualifies as “Extraordinary Work-Related Stress?”
Let’s face it, most of us experience stress in the workplace. But, when those stressors become extreme or unusual, they can lead to both mental and physical health problems. The expanded law in New York does not explicitly define “extraordinary work-related stress,” leaving its interpretation to the Workers’ Compensation Board. Unfortunately, this lack of clarity makes it more difficult to prove when filing a claim and usually requires the need for expert medical testimony.
Some events and situations that can qualify for extraordinary work-related stress include witnessing a workplace death or serious injury, experiencing a violent incident, constantly working long hours (longer than industry standards) that lead to burnout, a prolonged heavy workload without appropriate resources or support, a poor or unsafe working environment, constant exposure to hazardous conditions, and conflict in the workplace (i.e., harassment or bullying).
The good news is many workplaces are putting more focus on mental health issues. They are beginning to realize that preventing issues such as undue stress and burnout costs less than fixing problems and creates a more productive work environment. According to a SHRM workplace report, 78% of organizations currently offer workplace mental wellness resources or plan to offer these services in the next year.
Getting Help
While mental health conditions are getting more much-deserved attention, it can still be difficult to prove. The best course of action is to consult with an experienced attorney to see what qualifies, and how you can file for benefits. Even if you’re not sure your mental health condition is eligible for benefits, you should talk to an attorney about what your rights are and what you may be entitled to.
The Disability Guys have 85 years of experience helping workers with both physical and mental health issues receive the workers’ compensation and/or disability benefits they deserve. We understand that injuries and illnesses can be complex and impact people in many ways, which is why our experienced attorneys focus on the whole person. If you’re struggling with a work-related mental health issue, call us for a free consultation at (866) 205-2415.
Most importantly, don’t ignore your mental health. Just like our physical health, mental health is vital to our overall well-being. Mental health is also important because it’s closely tied to physical health. Conditions like anxiety and depression have been linked to an increased risk for developing chronic diseases like heart disease and diabetes. Getting treatment is the first step in improving your quality of life.