Psychiatric Injury Claims

Mental, Legal Communities Question Cuts in California Workers’ Compensation Mental Health Benefits

By Kenton Koszdin on September 25, 2012

Mental Health Workers CompensationRecent changes in California’s workers’ compensation laws have been cheered by some professionals for saving the state money, cutting overall increases in workers’ compensation insurance rates and improving benefits for long-term disabilities. However, some in the state’s medical and legal communities are concerned that the changes will decrease the mental health benefits available under workers’ compensation.

Currently, workers’ compensation benefits are available for both physical and psychological injuries caused by an on-the-job accident or illness. Under the recent changes, however, workers’ compensation benefits will no longer be available for mental health problems that are secondary to a physical injury. Read the rest »

California Court of Appeals Clarifies “Sudden and Extraordinary” Exception for Psychiatric Injuries

By Kenton Koszdin on July 3, 2012

The California Court of Appeals recently clarified the “sudden and extraordinary” exception for workers’ compensation for psychiatric injuries. The ruling makes it more difficult, but not impossible, for workers to get compensation for psychiatric injuries when they haven’t been on the job for very long.

Currently, California’s workers’ compensation law provides coverage for physical injuries starting on day one of employment. However, there is a six-month wait for coverage for psychiatric injuries. The exception to this rule is if a worker’s psychiatric injuries are caused by a “sudden and extraordinary” event; in these situations, the worker can get coverage for psychiatric injuries even if he or she has been on the job for less than six months. Read the rest »

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