Can I File a Work Comp Claim for a Stress-Related Injury?

A significant number of Florida’s workforce can relate to experiencing at least one type of stress-related injury. A stress-related injury or “strain injury” is trauma due to overexertion or simply too much work. Common symptoms of stress-related injury include moodiness, fatigue, insomnia, inability to focus, headaches, low energy, etc.

Stress is quite normal and affects all parts of our bodies and every area of our lives. However, if you feel debilitating stress, you may need to see a doctor and consider what remedies are available for you. Florida’s workers’ compensation laws allow financial compensation for injured workers due to work-related accidents. So if your stress comes from too much workplace pressure, can you file a work comp claim for your stress-related injury?

In this article, we’ll discuss the common types of stress-related injuries and whether you can get compensation for them. We’d also let you in on the importance of always having a worker’s compensation lawyer for your work-injury claims. First, we’d examine two common types of work-related stress — physical and emotional stress injuries.

Physical and Emotional Stress Injuries 

Physical stress injuries are the most common stress injuries and are usually a result of repetitive stress. Repetitive stress injuries are caused by consistent, recurrent overuse. For example, a warehouse worker lifting products every day or a receptionist typing on a computer for long hours every day. In summary, physical stress injuries happen when an employee has a physical health challenge due to repetitive activities.

While physical stress affects your body, emotional stress targets your mental health. Mental stress is also much harder to prove than physical stress. That’s because it’s quite challenging to verify the source of emotional traumas.

Is Stress Considered a Work-Related Injury in Florida?

A work-related injury occurs as a result of your job. That means you sustained injuries while performing your normal or legal work duties. Florida’s worker’s compensation laws ensure that you get financial payment to cover the work-related injury or ailment.

However, the rules are quite different when it comes to stress-related work injuries. Generally, Florida doesn’t categorize stress injuries as injuries that are compensable by employers. You can only get compensation for work-related stress injuries if they’re followed by physical injuries or trauma. Again, such physical injury must be serious enough to necessitate medical attention or treatment.

These conditions may include nervous breakdown, high blood pressure, migraine headaches, and heart attack. Sometimes, work-related stress doesn’t result in physical injuries but can lead to a serious condition that requires medical care. In such cases, you must prove that stress is the cause of at least 50% of your mental health challenge.

If you’re dealing with emotional stress that doesn’t result in any physical condition, you may not get workers’ compensation. However, other remedies may be available to you under personal injury law. For example, you can file a lawsuit for negligent infliction of emotional distress. Your personal injury attorney can help you with that.

How Can I Prove a Repetitive Stress Injury? 

Like every other civil action, getting compensation for work-related injuries depends on what you can prove. If you can’t show that your physical or emotional stress is work-related, your claims may be dead on arrival. In either case, you will need a medical evaluation to prove your allegations.

So, once you suspect a stress-related workplace injury, you must first notify your employer about it. Immediately after that, you must seek medical or psychological health evaluation with a licensed medical center. Ensure that you’re truthful with your doctors so that their reports can show that your stress injury is work-related.

Do I Need a Workers’ Comp Attorney?

If you’ve had a work-related stress injury, it’s always wise to hire a lawyer that can help you get damages. That’s because work comp claims are challenging and can worsen your condition if you handle it alone. Your attorney will represent your interest at all times and ensure that you get ample compensation for your injuries.

Get Legal Help Now! 

Work stress can be pretty normal, but if it becomes so egregious that you can’t bear it, it’s time to take action. You can do that by hiring a competent workers’ comp attorney to help you get compensation for your injuries. Our attorneys at Miami Lawyers 360 are here for you, whether it’s physical or emotional stress injury.

We understand the pains you’re going through, and we aim to lessen your burdens. Give us a call now for a free case review; we are always ready to listen.

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