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Are Mental Health Treatments Covered Under California Workers Compensation?

  • Published: August 4, 2021

Most workers compensation claims have clear-cut injuries or illnesses that can be easily diagnosed and proven with a bit of medical help and a good attorney in some cases. The process in California typically requires the employee to file the claim with their insurance company and then collect the benefits that have been established in the employer’s policy. But there are times when the workplace contributes to illness or injury that is not so obvious. 

We put a hefty price tag on the importance of mental health and wellness as employees, especially after this past year of living through a worldwide pandemic. Now more than ever, it is crucial that employers are aware of the mental state of their workers and provide a healthy working environment. Unfortunately, even with resources in place, there are still those who suffer the effects of increased stress in the workplace. 

What are the laws in California for mental health in the workplace?

California is one of the more progressive states when it comes to workers’ rights laws in the United States. While there are no laws explicitly related to stress, state laws allow workers to file claims related to mental health at work. As with any injury or illness claim, the employee must meet specific criteria to qualify.

Under the California Labor Code, minimum requirements or expectations must be met before qualifying for compensation for such benefits. The following lists some of those requirements:

  • Employees must be working for at least six months on the job
  • The employee’s condition must be one listed in the Statistical Manual of Mental Disorders
  • Workers must be able to prove the decrease in mental health as a direct relation to the work on the job
  • Typically, documentation by the employee to the employer is needed by a medical professional

Collecting Workers Compensation for Mental Health Treatment in California

Aside from the above criteria mentioned, one key aspect is that the employee’s decrease in mental health must be examined and documented by a licensed physician. This documentation will need to be submitted as part of the claim to be considered for benefits. Because the ongoing stigma behind mental health is easily measurable, it often helps to have an experienced attorney assist with the paperwork to help insurance agencies realize the claim’s seriousness. 

Contact a California Workers Comp Attorney for Your Mental Health Claim

Even though California is home to a very progressive workers’ compensation system, there are still limitations for coverage regarding mental health and wellness. There are other options to assist with medical bills and wage loss and having a team of professionals with decades of experience is a great way to navigate those options and this whole process. At KCNS Law Group, LLP, we provide the knowledgeable and compassionate legal counsel you expect from an attorney. To begin the process towards getting the benefits you deserve, call (877) 513-9007 or fill out our contact us page today.

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