Does workers' compensation cover mental injuries?

Yes, workers’ compensation in California does cover mental injuries. California Labor Code § 3208.3 defines a mental injury as “any mental disorder, including (but not limited to) mental illness, emotional disorder, or mental anguish, demonstrated by medically acceptable clinical and laboratory diagnostic techniques and resulting from a employment-related injury, illness, or condition.” Under this definition, a mental injury must be traceable to the employment in some way, such as arising from a physical injury, a toxic exposure, or any of the conditions or events that are normally part of the job. Workers’ compensation typically covers both physical and mental injuries, but it is important to note that the requirements to receive benefits are more stringent for mental injuries. For example, in California, workers’ compensation for mental injuries that are not caused by a physical injury will only cover psychological treatment that is prescribed by a psychologist. Likewise, only treatment that is followed for at least 90 days is eligible for compensation. These restrictions are in place to ensure that workers’ compensation is only granted to those who have legitimately suffered a mental injury due to their employment. If you believe you are suffering from a mental injury that is related to your job, it is best to contact a workers’ compensation attorney to help you determine your eligibility for coverage.

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Does workers' compensation cover mental injuries?

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