The SHOCKING Truth About Psychological Workers' Comp Claims!

Let's break down how mental health fits into the workers’ compensation system, what qualifies, how to prove your case, and what every injured worker should know about pursuing these claims.

What Types of Mental Health Issues Are Covered by WC?

Not every bad day at work qualifies for workers’ comp—but if the stress takes a serious toll on your mental health and gets diagnosed by a professional, you might have a valid claim.

Conditions like PTSD, anxiety, and depression can be covered, especially if they’re caused by something job-related—whether it’s a one-time traumatic event (like witnessing violence) or long-term stress from a toxic work environment.

The main thing is this: it’s not just about feeling overwhelmed. It has to be a real, diagnosable condition that’s clearly tied to your job.

What Are the Requirements to Get Mental Health Issues Covered by WC?

It used to be a lot tougher to get mental health covered under workers’ comp. Just having stress, anxiety, or PTSD wasn’t enough—you had to show a physical symptom, like hair loss or even a heart attack, to prove it was real.

Luckily, that’s changed. Now, if you’ve got a legit diagnosis and it’s tied to your job, that alone can qualify—even without any physical symptoms.

If you’re filing a mental health claim, you’ll probably be working with a psychologist, a psychiatrist, or both. They’re both mental health pros, but they play different roles.

A psychologist is the one you talk to—they handle therapy like CBT and help you work through what you’re feeling. A psychiatrist is a medical doctor who can diagnose conditions and prescribe meds like antidepressants or anti-anxiety medication.

In a lot of workers’ comp cases, people see both. One handles the therapy, the other manages the medical side. And both can give the diagnoses and paperwork you’ll need to back up your claim.

Can Mental Health Issues After Your Accident be Considered Consequential Injury?

Yes, mental health issues that develop after an accident can absolutely be considered a consequential injury under workers’ compensation.

Mental health issues at work can come from all kinds of situations. Sometimes it’s one big event—like seeing something traumatic on the job—that leads to PTSD or other serious conditions.

Other times, it builds up slowly. Constant stress from a toxic work environment or clashing with a supervisor can wear you down over time. That’s called occupational stress, and it can be just as serious.

Then there’s what's called a consequential injury—when a physical injury leads to emotional struggles. If you’re in pain, stuck at home, and can’t get back to your normal life, it’s not uncommon to develop anxiety or depression as a result.

Should Most Injured Workers Consider Getting Mental Health Treatment?

If you’re feeling anxious, down, or just not yourself after a work injury or something traumatic on the job, then yes—you should definitely think about getting mental health support. Taking care of your mental health is just as important as healing physically.

That said, be real about why you're doing it. Some people think seeing a therapist might help boost their case, but if you're not actually struggling and the doctor doesn’t find anything, it can do more harm than good.

On the flip side, a lot of folks who do need help avoid it because of the stigma. They’re worried about being judged. But honestly, in a workers’ comp case, the only people who’ll know are your lawyer, your doctors, and maybe a judge or insurance rep. No one else needs to know.

Adding a mental health component to your workers’ comp case can really change things—for better or worse. It depends on what your original injury was and how your case is set up.

Take something like a broken arm or leg—that’s usually a Schedule Loss of Use (SLU) case, which comes with a more predictable payout. But if you add a psychological injury, it might turn into a non-schedulable claim, which can lead to a totally different kind of settlement.

That’s not necessarily good or bad—it just makes things more complicated. A legit mental health claim could raise the value of your case, but it also brings more scrutiny. If it’s not well-documented, it could slow things down or make it harder to prove your disability.

What if You Get Cleared for Work But You're Not Psychologically Ready to Return?

Just because you’re physically cleared to go back to work doesn’t mean you’re actually ready—especially if you’re still dealing with the mental side of things. If you’ve been getting treatment for stress, anxiety, or any other psychological issue related to your injury or job, your mental health matters just as much as your physical recovery.

The good news? Workers’ comp treats mental health and physical health the same. So if your surgeon says you’re good to go, but your therapist or psychiatrist says you’re not ready yet, you can stick with what your mental health provider recommends.

That said, be prepared for some pushback. Insurance companies—and sometimes even the Board—tend to downplay mental health stuff. But as long as your doctor keeps everything documented and supports your need to stay out, you’re on solid ground.

Don’t rush it. If you’re not mentally ready, it’s okay to take the time you need. Trust your doctor—and yourself.

Contact Us For Help With Your Workers' Compensation Case

I’ve helped a lot of folks across New York navigate tough situations, and I’ll always do my best to give you straight answers and real support. No pressure, no obligations—just a conversation to see how we might be able to help. You can give me, Rex Zachofsky, a call at 212-406-8989. Looking forward to hearing from you.