Call or Text an attorney today: 310-295-0822
Stress Claims & Psychological Injuries
Invisible Injuries Are Just as Real as Physical Ones.
Workplace injuries are not always physical. Severe stress, anxiety, and trauma caused by a toxic work environment can be just as debilitating as a broken bone.
However, California law treats “psyche claims” differently than physical injuries. The burden of proof is higher, and insurance carriers aggressively deny these claims using specific legal defenses. At Lee Partners Law, we know how to navigate Labor Code § 3208.3 to validate your injury and secure the benefits you deserve.
Psychological injuries are real – and they are covered.
Request a confidential case review
The Higher Burden of Proof: “Predominant Cause”
To qualify for workers’ compensation benefits for a psychiatric injury, you must meet a stricter legal standard than for a physical injury.
- The 51% Rule: You must prove that your employment was the “predominant cause” (at least 51%) of your mental health condition.
- DSM Diagnosis: The condition must be diagnosed by a licensed psychologist or psychiatrist using the strict criteria of the DSM-IV TR (e.g., Depression, Anxiety, PTSD).
Get clarity on whether your claim qualifies.
Who Can File? (The 6 Month Rule)
California law includes a “tenure requirement” to prevent claims filed by short-term employees.
- General Rule: You must have worked for your employer for at least six months to file a claim for cumulative stress or anxiety.
- The Exception (“Sudden and Extraordinary”): The six-month rule does not apply if your injury was caused by a “sudden and extraordinary” employment condition.
- Examples: Being the victim of a violent crime at work, witnessing a catastrophic accident, or suffering a direct traumatic event.
Common Defenses We Defeat: “Good Faith Personnel Actions”
The most common defense insurance companies use is the “Good Faith Personnel Action” defense. They will argue that your stress was caused by lawful management actions—such as a performance review, a shift change, or disciplinary action—and is therefore not compensable.
We fight back against this defense by proving:
- The employer’s actions were not taken in good faith (e.g., harassment disguised as discipline).
- The stress was caused by actual working conditions (overwork, hostile environment), not just the personnel action.
Psychiatric Injury After a Catastrophic Event
If you have suffered a catastrophic physical injury—such as an amputation, severe burn, or paralysis—you are entitled to add a psychiatric claim for the resulting trauma.
Why this matters: This “unlocks” additional permanent disability value that is normally capped or restricted in standard physical injury cases.
Your Psychological Injury Deserves to Be Taken Seriously
Stress, anxiety, PTSD, and trauma caused by work are among the most misunderstood areas of California workers’ compensation law. Insurance companies rely on that confusion to deny valid claims.
At Lee Partners Law, we focus on psychiatric injury cases and know how to counter the legal defenses used to minimize or dismiss them. We work with medical experts, enforce strict legal standards, and protect your right to treatment and compensation.
Your case review is:
- Confidential
- No obligation
- No attorney fees unless benefits are recovered
