Proving a worker's compensation case for stress and stress related injuries

Posted on: 14 February 2017


There is a growing understanding of the role of employers in providing both a physically and mentally safe workplace for their employees. If you find that you have been unable to go to work because your employer has not provided a mentally safe workplace, you may be eligible for worker's compensation to make up for loss of income and any costs you have incurred during your injury. 

Here are the steps to take. 

Go and see a doctor or counselor

If you cannot go to work, it's important to quickly get in contact with a medical professional to explain why you are not attending work and get an assessment of your health state. This helps to confirm both that you are aware of the problem and shows that you are taking a proactive approach to managing the issue and working out how you can resolve the problem and return to work as soon as possible. 

Speak to your supervisor or human resources department

Be specific when you speak to your supervisor about the underlying issues that are leading to your stress. If your supervisor is a large part of the stress and does not take an open approach to helping to address it, then it is a good idea to escalate the issue to a higher level and contact your human resources department to let them know of the conversations that you are having with your boss. Keep a record of all of these conversations, including emails and phone calls, so that you can remember the content and extent of your communications if the issue continues for a long time. 

Contact a worker's compensation lawyer

If you are having trouble getting some resolution from the company that you work for and are incurring lost income and/or costs associated with your treatment, then you should get in contact with a workers compensation lawyer. They can help you to negotiate a settlement with the company and/or the insurance company so that you can return to work or get a fair settlement to compensate for the losses you have dealt with during the process. 

It is important for employers to provide a safe place for their workers to work, both in terms of physical and mental safety. If your workplace has caused you mental stress which lead to you missing work or needing treatment, then you may be eligible for compensation through your worker's compensation policy.