New York City Mental Stress Workers’ Compensation Lawyers
Mental Health & Stress Workers’ Compensation Claims
Many workers suffer significant mental health issues, such as chronic stress, as a result of their employment. In New York, you may be eligible for workers’ compensation if you suffer a work-related mental health disorder. These claims can be difficult to prove on your own, but with the help of an experienced mental health attorney in NYC, you can successfully navigate the worker’s compensation process and recover the benefits you need to obtain medical treatment and make up for lost wages.
At Schotter Millican, LLP, our New York City mental health workers’ compensation attorneys are here to help. We proudly support the rights of workers, including those who suffer debilitating mental health conditions due to their employment.
Need workers' comp for stress? Give us a call at (718) 550-0610 or contact us online for a free case review with an NYC work stress attorney. Hablamos español; mowimy po polsku.
When Are Mental Health & Stress Claims Compensable?
Some stress is normal in nearly every occupation. This type of stress is generally not compensable under the New York workers’ compensation system. To receive workers’ compensation benefits for work-related stress and other psychological conditions, you will need to prove that your condition is not only related to your work but also that your mental distress is above-average or exceeds normal, acceptable employment-related stress levels.
You may have a mental stress workers’ compensation claim if:
- You suffered significant stress or mental trauma as a result of a workplace accident or work-related injury/illness
- Your mental health condition is related to a traumatic event that occurred while you were working or in the workplace
- You were the victim of workplace assault or violence, resulting in stress, anxiety, depression, or another mental health condition
- You suffered significant and/or debilitating stress or a mental health condition due to extreme and/or adverse working conditions
If you wish to seek workers’ compensation benefits for work-related stress or a mental health condition, it is strongly recommended that you work with an experienced attorney who can help you with workers' comp stress leave. These claims are notoriously challenging, but Schotter Millican has a reputation for taking on highly complex cases that other law firms wouldn’t touch. Where other attorneys would throw in the towel, we will persist in our pursuit of maximum compensation for our clients.
What Types of Occupations Typically Lead to Excess Stress & Mental Health Disorders?
As previously mentioned, anyone can experience significant work-related stress due to their employment. However, some occupations are more frequently correlated with high rates of mental health disorders. Workers in these occupations are typically required to navigate high-stress and even life-threatening situations.
Examples of workers who may be at a heightened risk of severe work-related stress and related psychological conditions include:
- First responders
- EMTs and paramedics
- Police officers
- Firefighters
- Military servicemembers
- Airline pilots and flight crews
- Healthcare workers
- Journalists and news reporters
- Psychologists, psychiatrists, and therapists
Although these professions are frequently cited as being among the most stressful in the U.S., all workers face their share of stress in the workplace. If you believe that extreme stress has caused you to be unable to work, require medical treatment, and struggle to return to the workforce, reach out to our team at Schotter Millican to learn whether you could be entitled to workers’ compensation. For help with workers' comp for emotional distress, be sure to reach out to our firm.
What Workers’ Compensation Benefits Can You Receive for Mental Stress?
If you have a viable case, there are certain workers’ compensation benefits you can receive for a mental stress claim.
Available workers’ compensation benefits in New York include:
- Medical Benefits: Your employer’s workers’ compensation insurance provider (or self-insured employer) is responsible for paying all reasonable and necessary medical expenses related to your work-related injury or illness. This includes medication costs, copays, therapies, and other treatments, as well as mileage reimbursement for travel to and from doctors’ appointments.
- Wage Replacement Benefits: If your condition keeps you from working temporarily (or permanently), you are entitled to wage replacement benefits. Temporary wage replacement is paid at a rate of 2/3 your average weekly wage, whereas permanent disability benefits are awarded based on your impairment rating and other factors.
Additional workers’ compensation benefits may be available depending on the specifics of your case. We recommend that you schedule a complimentary consultation with one of our New York City mental health workers’ compensation lawyers to learn more.
How To File A Stress Claim At Work
In New York, there are a few essential elements involved in filing a stress claim at work. Note that not all stress at work is covered by workers' compensation. For a claim to be considered legitimate, the stressors must be distinct incidences or unusual work conditions that surpass the typical demands of your job.
- Documentation: Begin by carefully recording the stressors that are associated with your job. Maintain a thorough journal of all the occasions, times, discussions, and pertinent correspondence that add to your workplace stress. Documenting the effects these stressors have had on your bodily and mental well-being is also essential.
- Medical Evaluation: Seek advice and care from a physician who is qualified to diagnose your condition and make a definitive link between your health problems and occupational stress. This paperwork will be a crucial piece of proof for your claims.
- Report to Employer: As soon as you can, let your employer know about any problems you're having with stress. If you become aware that your it is related to your employment, you have thirty days to inform your employer in New York.
- Submit the Demand: Fill out Form C-3, "Employee Claim," and submit it to the New York Workers' Compensation Board. This form asks for specifics regarding your job, the type of stress you experience, and the diagnosis your doctor gave you.
- Legal Support: Handling a stress claim is not an easy task. Speak with attorneys who specialize in work-related stress for crucial advice. Making sure that all required documentation is accurately gathered and provided can be facilitated by an experienced workplace stress attorney in NYC. They will speak up for you, making it more likely that things will work out well.
Partnering with a New York City workers’ comp claim for stress attorney from Schotter Millican, LLP can be instrumental in navigating the legal complexities and ensuring you receive the benefits and support you deserve.
Seeking workers' compensation stress leave? Begin a consultation with a work stress attorney in NYC at Schotter Millican, LLP. We are ready to help you with your claim. Reach out online or call (718) 550-0610 – we speak English, Spanish, and Polish.
A History of Success in Mental Health Workers’ Compensation Cases
The attorneys at Schotter Millican have been serving the communities of Brooklyn, Manhattan, Queens, and the surrounding areas for years. We are known for our aggressive approach to negotiation and litigation, as well as our compassionate and personalized client service. We have a long history of successfully representing clients in very complicated mental health & stress workers’ compensation claims, including appeals, and have the resources to help you navigate the legal process.
Whether you have not yet filed a claim, or your claim has been denied by your employer, our firm is ready to fight for you. If your employer has retaliated against you for filing a workers’ compensation claim, whether by wrongfully terminating your employment or in some other way, our mental health attorneys for worker’s comp can also help you fight back.
We serve clients in English, Spanish, Polish, and Russian. Call (718) 550-0610 or contact us online for a free case review with an NYC mental stress workers' comp attorney.
Why Choose Schotter Millican, LLP?
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Workers' Compensation can be confusing, but we're here to make sure you have everything you need.
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We'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
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We have been involved in worker activism for decades, and we care deeply about you and your case.
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Our attorneys have a long history of large appellate wins, so you can feel confident in our experience.
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You will be trained by us to know how to videotape the independent medical examinations (IME) to protect your rights.
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We're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.