When is a psychological injury a case under IL work comp law?
Occasionally we'll get a call from someone who is stressed out by their job, usually because of long hours or a boss that screams. Other people have legitimate depression that is work related. Under Illinois law do these people have a case?
Although we have probably the most employee friendly laws when it comes to work injuries, most psychological injuries are not compensable. In the above examples, unless there is something physical involved, e.g. your boss screams and pushes you, then the case wouldn't be a winner. The law is that a psychological injury from something that isn't physical is not covered unless it's sudden, severe and shocking. The classic example is the worker who saw their co-worker's arm get cut off by a machine. Witnessing that led to nightmares and post traumatic stress disorder. That worker won benefits.
If you have a physical injury like a herniated disc in your back and then have legitimate depression because of subsequent weight gain, pain, job loss or anything else, that would be a separate injury that would be covered. In other words, you would be compensated for your physical injury as well as your psychological injury.
Also, if your mental stress leads to a legitimate physical injury like a heart attack, that could be a case too.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
