Can I Get Workers’ Compensation for Work-Related Stress?

The workers’ compensation attorneys at Silverman, McDonald & Friedman have years of experience serving the people of Delaware. Our job is protecting your rights to medical and wage benefits. Call us today to set up a consultation in one of our Seaford, Newark or Wilmington offices.

As you know, Delaware employers with more than one employee must carry workers’ compensation insurance in the event a worker is injured or becomes ill on the job. This “contract” ensures that the employer provides medical and wage benefits to an employee when they’re unable to work due to injury, and the employee in return doesn’t bring a lawsuit against their employer.

However, many of our clients wonder if they can bring a workers’ compensation claim for non-physical injuries, like emotional or mental distress. The short answer is, in some cases, yes.

Emotional stress in the workplace

The American Institute of Stress reports that 80% of workers feel stress on the job, and job stress is more strongly associated with job complaints than financial or family problems. To have your stress-related injuries covered by workers’ comp, you and your attorney must prove they were caused by a stressful and/or unbearable work environment. This can be a combination of a heavy workload, lack of support, or conflicts with co-workers or superiors that exceed your capacity to emotionally cope.

Signs and symptoms of work-related stress

Mental and emotional stress can manifest in physical symptoms. They typically fall into three general categories: behavioral, physical and psychological.

Behavioral symptoms of stress

When under emotional stress, employees may experience aggression, a drop in work performance, difficulties communicating with co-workers, diminished productivity, mood swings, frustration, disinterest in work, increased sick days, and isolation.

Physical symptoms of stress

You may also experience exhaustion or fatigue, headaches, muscle aches and pains, stomach and gastrointestinal problems, chest pain, rapid heartbeat, sleep issues, and frequent colds and infections.

Psychological symptoms of stress

People under a great deal of stress also display psychological symptoms, including depression, anxiety, lack of interest in life, suicidal thoughts, panic attacks, feelings of being overwhelmed, inability to concentrate, and difficulty with decision making.

Workers’ compensation for emotional distress

One thing important to understand about workplace stress is that what might not cause emotional distress for one employee may cause heavy stress for another. It depends on both the employee and the source of the job-related stressor. What matters is whether you can prove that your stress-related injuries and losses were caused directly by your job and workplace environment. And, if they were, a skilled attorney can help you file a strong workers’ compensation claim.

Common causes of work-related stress

Although sources and causes of on-the-job stress vary widely from one person to another, depending on the employee, the workplace and the industry, our attorneys see many common stressors among our clients, including:

• Changes to work duties
• Conflicts with co-workers
• Harassment or discrimination
• Heavy workload
• Job insecurity
• Lack of proper equipment
• Long hours
• Over- or under-supervision
• Poor company culture or management practices
• Sudden and frequent office changes
• Tight deadlines

• Traumatic experience on the job
• Unreasonable demands

If you’re suffering from stress-related injuries at work, you may be eligible for workers’ compensation benefits. An experienced attorney can help.

These days, employers and companies are pushing their workers harder and harder. Mental stress can result in physical injuries. The workers’ comp lawyers at Silverman, McDonald & Friedman work to ensure you receive the benefits you deserve while you heal. We represent clients in the Wilmington, Seaford, and Newark areas. Call 302-888-2900 or fill out our contact form today.