If due to emotional and mental distress and trauma at work, I am forced fo ask for a leave of absence from work, should I file for workers comp?

I have informed my insurance carrier and submitted a partial application to state. I have not filed workers comp yet. Should I? Would I not get reimbursed from state and insurance if I don’t file for workers comp? Would there be too many hassles if I do file for workers comp? Will this impact my future employment? How will filing for workers comp help me or not help me?

Asked on July 9, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I do not believe that emotional and mental stress renders one eligible for worker's compensation--if it did, *everyone* would file a claim. Worker's compensation is for physical injuries incurred at work, or mental injuries which have some physical causation (e.g. exposure to some chemical or substance). However, the law does not protect people from being stressed or suffering emotional distress at work, or provide compensation for it.


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