Generally speaking, having anxiety, depression, panic, etc. is not a compensable case under the Illinois Workers’ Compensation Act. You might have to work long hours or have a boss that screams a lot or feel pressure from unrealistic deadlines or have to do the work of many people. This can understandably lead to stress and while I think it’s awful you have to go through that, the law is not usually on your side unfortunately.
There are though some exceptions.
The biggest exception is showing that something physical lead to a mental breakdown. So if you hurt your back and have a fusion and become depressed because of how limited you are physcially, that would likely be a case. Or as shown in a recent work comp claim, a woman whose unwanted physical contact lead to a mental breakdown was able to secure benefits.
In that case, a woman was standing at the counter on her job when her supervisor came up from behind and pinned her against the counter, simulating that he was having sex with her. He hit her in the back and there was some bruising.
The Illinois Workers’ Compensation Commission found that she developed panic and anxiety issues as a result of this unwanted touching which resulted in some bruising.
We’ve seen other cases where a co-worker has punched someone, not causing a major physical injury, but making that person feel unsafe in the work place and in need of therapy. It doesn’t matter if most people wouldn’t have that experience, it’s your experience after a physical touching that matters.
Like any other Illinois workers’ compensation claim, the most important thing is your health so you should get medical treatment ASAP. You also, like in any other case, prove your injury exists by going to a doctor. If your problems are work related, 100% of your medical bills should be paid, you get compensated for your time off work and you would be entitled to a settlement.
These aren’t easy cases and if you are already treating with a mental health professional before your incident they become harder, but we are happy to talk to you for free about your case to see if you can make a claim.
