thinking Stress: Can I Get Workers' recompense for this in Virginia or Will My Claim be Denied?

Workers Comp Legal Advice - thinking Stress: Can I Get Workers' recompense for this in Virginia or Will My Claim be Denied?

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In my 30 years of convention as a Virginia Workers' compensation Lawyer, I have had many claimants experience me and say my work or my supervisor is causing me mental stress. Many times these claimants have gone to a psychiatrist or a psychologist for treatment. Often, the impairment has come to be 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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Workers Comp Legal Advice

The short talk is "No" as a normal rule mental stress is not compensable. Gradual infliction of mental 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 exact time and thus moderately occurring mental stress cannot qualify as an accident. It is also not an occupational disease unless it can be shown that mental stress is "characteristic" of only that employment which is normally an impossible burden. The Commission has said in the past problems associated with personnel and administration are inherent in all employment.

The first exception to the above rule is if the claimant's work is in a particularly high stress career it is inherent for a claimant to show his or her "mental stress" is characteristic of the employment. For example, the Commission has found an urgency dispatcher was employed in an career 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 mental stress or depression then the aggravation may be compensable. The typical example of this is the employee 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 connection between the urgency and the stress.

A third exception to the normal rule that mental stress is not compensable is if the mental stress arises out of a particular exact incident. A typical example of this would be the recovery squad employee who has to go to the scene of a horrible urgency and develops a mental impairment due to the exposure to the accident. I had a case inspiring 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 developed a post traumatic stress disorder as a supervene 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 mental 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 qoute may meet one of the exceptions I have listed above.

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