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Long, Jean & Wechsler, P.A.

Long, Jean & Wechsler, P.A.

Personal Injury Attorneys in Pompano Beach Florida

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  • Home
  • Areas of Practice
    • Personal Injury Lawyers in Florida
      • Animal Attack Lawyer
      • Boating Accident Lawyer
      • Car Accident Lawyer
      • Elder Care and Nursing Home Neglect
      • Medical Malpractice Lawyers
      • Motorcycle Accidents
      • Product Liability / Mass Torts
      • Slip & Fall / Premises Liability
      • Sovereign Immunity in Pompano Beach
      • Workers’ Compensation
      • Wrongful Death
  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
  • Case Results
  • Testimonials
  • Blog
  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida

Can You Claim Workers’ Compensation for Stress?

December 3, 2018 by Lyle Long
A Personal Injury Attorney holding a gavel and signing a document for claiming worker's compensation for a client

According to the National Institute for Occupational Safety and Health (NIOSH), 40 percent of workers reported that their job was very or extremely stressful. While in most cases stress related work is expected, it can have a significant physical impact on workers, leading to headaches, low energy, insomnia, and chest pain. Not to mention the long-term effects of stress including depression, heart disease, obesity, hair problems, gastrointestinal problems and more.

Based on the effects of stress, many people believe they can claim workers’ compensation for stress. After all, if they can prove they are being affected by stress, that should be enough ground for a workers’ compensation claim, correct?

The truth is that stress is not necessarily something you can see, and the physical effects of stress can be influenced by many other aspects. All of these factors interfere in workers’ compensation claims for stress, particularly in Florida. So if you are wondering if you can claim workers’ compensation for stress? Find out here.

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Understanding Workers’ Compensation Claims

First of all, let’s define what a workers’ compensation claim means. These are laws that outline the different benefits injured employees are entitled to, and the set of procedures or steps they must follow to obtain such benefits. Companies must have some form of workers’ compensation insurance to cover injured employees. Filing a basic workers’ compensation claim is very similar to filing an insurance claim, it is a request for benefits submitted by the injured.

It is important to note that workers’ compensation coverage varies by company, occupation, and state. In Florida, for example, employers with four or more employees, whether part- or full-time, must have compensation insurance for their employees.

Physical Stress Injuries

Physical stress injuries are the easiest ones to notice and identify. Examples of physical stress injuries can be carpal tunnel syndrome due to typing, chronic back pain from heavy lifting, nerve damage due to the use of construction tools, and so on. In these cases, because an employee is performing a repetitive activity over a period of time, he or she is susceptible to suffer a physical problem as a result.

Emotional/Mental Stress Injuries

On the other hand, mental stress injuries are more difficult to prove, which makes it harder for employees to file a workers’ compensation claim. Not to mention, some states don’t cover mental stress injury claims at all.

Compensable Injuries in Florida

Under Florida law, an injury only attributed to stress does not qualify as a work-related accident that could be covered by workers’ compensation insurance. In order to qualify for a workers’ compensation claim for stress, the employee must prove his or her injuries are accompanied by a physical injury that requires medical treatment.

In order to file a workers’ compensation claim for stress in Florida, you need to provide proof that there is some sort of physical trauma accompanying the stress.

What Can You Do?

So, if you have suffered a mental injury resulting from a physical injury, then you can look at a worker’s compensation claim. You will need to prove the injury by providing convincing medical evidence presented by a licensed psychiatrist. Filing a claim for stress injuries and seeking workers’ compensation from it requires the assistance of an experienced attorney that can help you navigate the complex process of filing such a claim.

Demonstrate a link between mental stress and physical injuries: To qualify for workers’ compensation for stress, your condition needs to be related to a physical injury. These injuries can be gastrointestinal disorders, migraines, or any other condition that could be linked to stress.

Provide adequate evidence: Your symptoms and experiences alone will not fulfill the claim requirements. In order to link stress with a physical injury, you need to be able to file a workers’ compensation claim. Imaging tests such as x-rays, MRI, CT Scans, and so on can help you prove the link between both.

Highlight compensable injury: Instead of focusing your claim on stress, highlight your request on the compensable injury instead.

Stress at Work Claim Options

There are also ways of making a claim outside of workers’ compensation. If your job is causing you extreme stress, which is resulting in a related medical problem, you may still have other legal options. Working with an experienced personal injury lawyer can help you file for negligent or intentional infliction of emotional distress caused by your employer.

Can You File Workers Compensation for Stress?

Looking at stress through a personal injury claim may help you fight for compensation including the coverage of your medical expenses, lost wages, and even compensation for your pain and suffering.

Documenting Stress at Work for Legal Purposes

If you’re experiencing stress at work and you believe it is causing related mental illnesses, you need to begin documenting your stress and start planning your claim. First of all, speak with your superiors or human resource department and submit a formal report so your employer is aware of your mental health state.

Documenting these situations and the symptoms you’re experiencing will help you begin a paper trail that will help with your claim in the future. Later on, whether you proceed with a personal injury or workers’ compensation claim, this documentation can help your attorney establish the root cause of your problem and prepare a solid claim.

Working with a Workers’ Compensation Attorney

One of the most important steps you can take to file a claim for the negative effects from work-related stress or emotional distress is seeking legal advice from an experienced workers’ comp attorney. A claim solely based on emotional stress can be challenging in Florida. However, working with a legal team experienced in workers’ compensation issues will give you the best chance of proving your case and fighting to receive your benefits.

If you or someone you know has been negatively affected by work-related stress, contact LJW Legal today and start your journey to fight for fair compensation. We are here to protect you and fight for your rights.

CONTACT US

Category: Personal InjuryTag: stress injury claim, workers comp for stress, Workers' Compensation
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1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 33060


Phone & Fax:

P: 954-597-6770
F: 954-691-3906


Email:

info@ljwlegal.com

Long, Jean & Wechsler, P.A.
Long, Jean & Wechsler, P.A.
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arletty fernandezarletty fernandez
21:24 13 Nov 22
Ryan and Helen were very thorough and diligent with my case. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They made sure to stay in touch and keep me updated all throughout my case. HIGHLY RECOMMEND. Thank you all for your excellent care.
Florane FleurinorFlorane Fleurinor
14:52 03 Oct 22
Very good, professional and responsible lawyer. His office was in contact with me every time they had new information. Step by step Mr. Alex Jean would explain to me what is going on with my case. I didn’t have to wait for years for results. So far from what I hear from other people about their cases Mr. Alex Jean is the best. And I will reference my family and friends you and thank you so much
alexis Johnsonalexis Johnson
20:35 13 Sep 22
Ryan Wechsler is by far one of the best lawyers around. He gave me the assurance that everything was going to be okay. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. His entire team (Daniela & Helen) was amazing. Very pleasant and kept me up to date every step of the way during my case. Ryan fought hard for me! I’m very thankful for all of his hard work and everyone at Long, Jean & Wechsler. If you’re ever in need of a great legal team give them a call.
Saif PowerSaif Power
14:59 30 Aug 22
Lyle was a pleasure to work with, he delivered on his promises. He was very prompt with his responses and very helpful when we first touched base. I’d definitely take him again on any relevant case.
Luiz CentLuiz Cent
02:15 13 Jul 22
I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. If I didn’t hire them I’d still be trying to recover money from insurance to fix my car.⭐️⭐️⭐️⭐️⭐️ If you need a personal injury attorney I 100% recommend Alex Jean and the team at LJW.
Princess Maryam Abdul-AkbarPrincess Maryam Abdul-Akbar
16:29 07 Jul 22
Ryan Wechsler is an excellent attorney. He worked tirelessly on my case, which was a difficult one to begin with. When other attorneys were given me issues to take my case, he was the only one that was reassuring and determine to seek justice for me. I completely trusted his counsel. Had it not been for Mr. Wechsler I would have accumulated a lot of debt. I am forever grateful that he accepted my case.
Angelina AkkadAngelina Akkad
12:47 30 Jun 22
Ryan and the team are absolute rock stars! I got a recommendation from a good friend to use them, and I was not disappointed. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. I will definitely be using them again if the need ever arises.
Micheca AristildeMicheca Aristilde
19:46 08 Jun 22
Very good firm. I had an unusual case. A crane dropped on my car the week of Christmas. Considering the fact my accident occurred during the holiday season, Lyle and his paralegal, Helen, ensured that I received treatment the same day, got a rental, and even settled my case in less than 6 months.They were extremely polite, communicative, and on top of everything. I highly recommend reaching out to them for great legal representation.
GatorGator
19:20 08 Jun 22
Worked with Ryan and he helped me navigate the process of our law suit. Was in great communication throughout the process. 5 stars
Patrícia OsorioPatrícia Osorio
02:16 08 Jun 22
We had a great experience with Lyle and their team. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. We got a great settlement.
Perry CrawfordPerry Crawford
18:55 15 Apr 22
Lyle and his law group conducted themselves professionally and were very caring and concerned about my injury. My recovery was foremost on their minds.He fought for me relentlessly and got me what I truly deserved. His confidence and tenacity won the case decisively.Thanks Lyle.
Andrea ChlimperAndrea Chlimper
17:18 15 Apr 22
I highly recommend Lyle Long and his firm. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Lyle walked me through the entire process from the moment I contacted him regarding my automobile accident. They were excellent with communication, returning my calls/emails and keeping me informed with updates and progress. Unfortunately, this is my 2nd time hiring his firm. My first experience was that positive that I never thought about hiring another firm to handle my legal matter.
TT
20:04 28 Mar 22
I highly recommend using this law firm. They’re super friendly, super helpful and very very professional. They had everything under control and dotted all the i’s and crossed all the t’s. I couldn’t be more happy with there service!!!
Viral-_-buildzViral-_-buildz
18:44 01 Feb 22
I got Into an accident 8/13/2021. A friend of mine told me to contact Ryan, I reached out to him the day after my accident ( which happened to be a weekend day ) and he immediately got right on the case. He was very helpful and I was literally able to reach out to him by phone or text any day and any time. He is always available. He set me up for all of my medical treatment and made sure I understood the whole entire process. He’s a great lawyer and is really on your side. My case was resolved in 4 months and my settlement was way more than I expected. I couldn’t be more thankful for him and his staff. They are excellent.Thank you Ryan,Latia J
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