Can You Get Workers’ Comp for Depression?
When you think of workplace injuries, you probably think of visible wounds like a broken leg, lacerations, or burns. You may not consider that mental health injuries and conditions apply as well. Seeking workers’ compensation for depression and other mental health conditions isn’t always easy, though. What evidence do you need to show that your depression is work-related? Can you get workers’ comp for depression in New York?
How Can You Prove Your Work Conditions Caused Your Depression?
If you can link your mental condition to your workplace, the New York State Workers’ Compensation Law states that your employer must provide you with medical compensation. Trying to prove your workplace caused your depression, however, you must follow a specific process.
Proving depression resulted from your job isn’t as simple as proving you fell off a ladder and broke your leg. First, you must be evaluated and diagnosed by a licensed psychiatrist. Then, you need to prove that your working condition exceeds the average amount of stress experienced by others in your workplace.
New York Law also states you cannot claim workers’ compensation if your depression results from:
- Reasonable disciplinary action
- Work performance evaluation
- Job or department transfer
- Job termination
If a psychiatrist diagnoses your depression after you start working at your job, you must also prove that it did not arise due to factors outside the workplace, such as your home environment.
Do You Need a Workers’ Comp Lawyer?
If you believe you qualify for workers’ compensation for depression, contact Helbock & Nappa, LLP. As Staten Island workers’ compensation lawyers, we will help you gather evidence and represent your case.
Call us at 718-273-9000 or contact us online to request a consultation.