Do you know about - thinking Stress: Can I Get Workers' compensation for this in Virginia or Will My Claim be Denied?
Claim Management Systems! Again, for I know. Ready to share new things that are useful. You and your friends.In my 30 years of practice as a Virginia Workers' compensation Lawyer, I have had many claimants sense me and say my work or my supervisor is causing me thinking stress. Many times these claimants have gone to a psychiatrist or a psychologist for treatment. Often, the impairment has become so severe they have been taken out of work. They want to know can they be compensated for their lost time straight through the Virginia Workers' compensation system. They say (1) my stress happened at work and (2) my doctors say I have lost time and incurred curative bills due to this stress. They say why cannot I be compensated under the workers' compensation law?
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The short reply is "No" as a general rule thinking stress is not compensable. Gradual infliction of thinking stress by your work or by your supervisor is not an "accident" or a "disease" under the Virginia Workers' compensation law. As defined by the Workers' compensation Commission, an "accident" to be compensable must occur at a definite time and thus gradually occurring thinking stress cannot qualify as an accident. It is also not an occupational disease unless it can be shown that thinking stress is "characteristic" of only that employment which is regularly an impossible burden. The Commission has said in the past problems related with personnel and supervision are possible in all employment.
The first exception to the above rule is if the claimant's work is in a particularly high stress work it is possible for a claimant to show his or her "mental stress" is characteristic of the employment. For example, the Commission has found an accident dispatcher was employed in an work where stress was characteristic of the employment.
The second exception to this rule is if the claimant has a compensable "accident" or "disease" that aggravates or causes thinking stress or depression then the aggravation may be compensable. The typical example of this is the laborer who has a severe injury which results in continuing pain. The pain causes depression. In that instance, the depression will compensable. Of course, the treating doctor must make the association in the middle of the accident and the stress.
A third exception to the general rule that thinking stress is not compensable is if the thinking stress arises out of a single definite incident. A typical example of this would be the salvage squad laborer who has to go to the scene of a horrible accident and develops a thinking impairment due to the exposure to the accident. I had a case challenging a school bus driver who had a trainee point a gun at her head and pull the trigger. The gun was not loaded but the driver industrialized a post traumatic stress disorder as a follow of the incident and the Commission found her claim to be compensable.
In summary, even though your boss has treated you badly, harassed you and has made you go to a doctor and lose time from work, your thinking stress is not compensable under the Virginia Workers' compensation Act. Also, even though you have deadlines to meet which has caused you stress, it is not compensable in Virginia. Nonetheless, you should all the time check with an experienced Virginia workers' compensation attorney. Your problem may meet one of the exceptions I have listed above.
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