You may know that you have the right to claim workers’ compensation for physical injuries that occur on the job. But what about emotional ones? Can you seek workers’ comp for mental health issues like anxiety, stress, and PTSD?
The short answer is yes; almost any mental health condition can qualify you for workers’ comp. But you must be able to prove that the condition is directly related to your job.
This guide breaks down workers’ compensation in New York for emotional issues.
Mental Health and the Workplace
Around one in six people experience mental health struggles in the workplace. Even more concerning, as many as one in three people feel that emotional support in their workplace is lacking.
Many employees are no strangers to workplace stress. Every job has its stressful moments, but you may have never considered that the stress or other emotional challenges you face could qualify you for compensation.
If you are facing significant anxiety, PTSD, or other serious mental health conditions as a result of your job, you may be eligible for workers’ comp. This compensation could give you some much-needed time off work to focus on your recovery. However, working with an experienced workers’ comp attorney is essential to prove this less common claim type and support your need for compensation.
Do Mental Illnesses Qualify for Workers’ Compensation?
Mental health conditions do qualify for workers’ compensation in New York. In fact, NY Governor Kathy Hochul signed a new law supporting employees facing post-traumatic stress in December 2024.
This law allows any worker to file for workers’ comp after experiencing specific types of mental injuries from extraordinary work-related stress. Previously, this coverage was only available to first responders. Governor Hochul also invested $1 billion to support employees facing job-related mental health crises.
This legislation specifically pertains to employees who experienced a traumatic event in the workplace. But you may qualify for compensation if you endured other types of stress or your job led to other mental health conditions. For example, maybe you:
- Experienced a workplace injury that led you to suffer PTSD, depression, panic attacks, or other conditions
- Witnessed a traumatic event, such as an industrial accident or violent crime
- Dealt with challenging, stressful, or hostile working conditions
It doesn’t matter if stressful events are par for the course in your industry. Whether you’re an EMT, 911 dispatcher, or even an office worker, you have the right to seek workers’ comp for emotional challenges.
How Can You Prove a Mental Health Condition Is Job-Related?
To seek workers’ comp for mental health issues, you need to show that your emotional struggles are directly related to your job, not the result of some other circumstances or even just of genetic origin. This requires you to show that something significant happened at work that impacted your emotional state.
Maybe a coworker has been taunting you for weeks or a customer verbally assaulted you. Or perhaps something happened within your normal line of work that was especially challenging, like a traumatizing phone call as a 911 dispatcher.
You’ll need evidence showing that this event occurred. This may include email communications, recordings of phone calls, or testimony from other employees about the event.
You’ll also need to prove that you suffered emotional consequences. Medical evidence can support this claim, such as:
- Diagnoses from a medical professional of work related mental illness – or condition
- Testimony from your therapist stating your condition – is related to a significant work related event
Proving That a Mental Struggle Prevents You From Working
You can only claim monetary workers’ comp benefits for mental health if the condition prevents you from working. This can be challenging to prove, as some may assume that you can still physically complete your job even if you are struggling emotionally.
Medical professionals agree that conditions like depression, PTSD, and anxiety make concentrating challenging. Focus and concentration are important for virtually any job. Showing that you have a diagnosis of a specific work related disorder can help you support that you are unable to perform your job to the necessary standards while working through the condition.
This evidence may be particularly helpful if your job requires your utmost concentration for the safety or well-being of others. For example, a hospital wouldn’t want a nurse to be responsible for a patient if they were struggling with serious emotional difficulties. This could lead to an error that compromise the well-being of the hospital patients.
What Compensation Can You Seek for Work-Related Mental Health Struggles?
Workers’ compensation gives you access to up to two-thirds of your average weekly wage. This average is based on the 52 weeks leading up to the date of the event that caused your mental condition.
You can also qualify for reimbursement for medical care you receive for emotional challenges. This may include:
- Therapy
- Hospital stays
- Prescription medications
Speak with a workers’ compensation attorney about how to maximize your compensation through a claim. If your mental illness is severe, you may qualify for other state and/or federal benefits.
Let Our Compassionate Attorneys Assist Your Claim
As many as 77% of employees report experiencing work-related stress in the last month. If your job has significantly impacted your emotional state, you may have the right to workers’ comp for mental health issues. This could allow you to take the necessary time off work while you recover.
The Pyrros, Serres & Rupwani team is here to support you through your workers’ comp claim. We thoroughly understand New York laws pertaining to workers’ comp. Allow us to gather evidence that ties your emotional challenges directly to your job and proves that they prevent you from working.
Call us today at 718-626-7730 or text 646-902-4588 for a 100% free case evaluation. Then, explore our guide to workers’ compensation attorneys for help seeking legal representation.
Frequently Asked Questions
What is the deadline for filing a workers’ compensation claim in New York?
The deadline for filing a workers’ compensation claim is generally two years from the accident date. This can be a little tricky to pinpoint if your illness did not stem from one event but slowly worsened over time. Our attorneys can help you understand how much time you have to file a claim, but the sooner, the better. Moreover, you must notify your supervisor of boss within thirty (30) days from the event that triggered your psychological condition.
Do all mental health conditions qualify for workers’ compensation?
Virtually all mental health conditions may qualify for workers’ comp if you can prove that your condition is directly tied to your job and that it is preventing you from working. Conditions like stress, PTSD, anxiety, and depression may be easier to tie to your job than more complex mental illnesses.
What professions have the highest rate of mental illnesses?
Professionals like first responders, nurses, counselors, and air traffic controllers tend to have the highest rates of mental illness. These professionals should explore their eligibility for workers’ comp for mental health to take the time they need to recover.
