Workers’ Comp Stress Claim Settlement Amounts in Portland

Challenging work conditions and traumatic events can lead employees to develop chronic stress or emotional injuries like post-traumatic stress disorder (PTSD). When workers develop emotional stress or trauma due to their job conditions, they may have the right to seek workers’ compensation benefits to get the financial resources needed for long-term mental health care.

Oregon’s workers’ compensation law entitles employees to defined financial benefits if they suffer injuries or illnesses due to their work. Although people typically think of physical injuries when discussing work-related injuries, the workers’ compensation system has increasingly recognized emotional trauma and chronic stress as valid work injuries and illnesses that may entitle employees to workers’ compensation benefits.

Because mental health treatment for chronic stress or emotional trauma can last a long time, workers’ comp stress claims can result in settlements between employees and their employers’ insurers. The settlement amounts vary widely depending on the specific mental health issues. Our workers’ compensation stress claim attorney is ready to review your case and analyze the type of compensation you could be entitled to recover.

Contact Jodie Anne Phillips Polich, P.C., today for a consultation to discuss your workers’ compensation claim.

Who Qualifies for a Workers’ Comp Stress Claim in Portland?

In Oregon, an “occupational disease” includes “any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death.” A “mental disorder” also includes “any physical disorder caused or worsened by mental stress.”

Injured workers may have a valid stress-at-work compensation claim when they suffer mental health injuries involving emotional trauma or stress, such as:

• Chronic workplace stress caused by heavy workloads or needing to meet high-stakes deliverables
• Stress caused by workplace harassment, abuse, or hostile work environments
• Emotional trauma caused by an unexpected traumatic event, such as a catastrophic accident, assaults committed by co-workers, or workplace violence committed by co-workers, customers, or other third parties

Workers may have an easier time qualifying for workers’ compensation benefits due to stress or emotional trauma when it arises due to a physical injury. However, workers can pursue benefits for purely mental stress conditions by demonstrating that the stress arose from conditions not inherent to employment and not a consequence of the worker’s typical duties. Workers must also prove that they have a diagnosable mental or psychological condition and that their work represents the primary cause of that condition.

How Are Workers’ Comp Stress Claim Settlement Amounts Determined?

When an employee and their employer or the employer’s insurance company decide to settle a workers’ compensation stress claim, determining the amount of the settlement requires evaluation of various factors in the case, such as:

• The nature and severity of the worker’s condition
• The type and duration of past and anticipated medical treatment, such as talk therapy or prescription medications
• Whether the worker’s condition disables them from working, even with accommodations, and the expected duration of disability
• Lost wages and the worker’s average weekly wage 

The Process of Filing a Stress Claim in Portland

Under Oregon’s workers’ compensation system, you should report a diagnosed mental health condition to your employer as soon as possible after receiving a diagnosis of your condition that connects it to your work. Your employer should provide you with forms to fill out, which they then must submit to their workers’ compensation insurer. If you seek mental health treatment, you should inform your treating provider of the work-related nature of your condition so they can report your condition to your employer’s workers’ compensation insurer.

Workers’ compensation insurers have a limited period to investigate a claim and accept or deny liability for workers’ comp benefits. When an insurer denies a worker’s stress claim, the worker can appeal the decision by requesting a hearing with the Oregon Workers’ Compensation Board. In most cases, a worker has one year after receiving a diagnosis of a work-related mental health condition to request a hearing with the board.

Common Challenges in Workers’ Comp Stress Claims and How to Address Them

Workers frequently face challenges when pursuing workers’ compensation benefits for chronic stress or emotional trauma. Some of the most common challenges that arise in workers’ comp stress claims include:

• Employers or insurers may dispute the work-related nature of the employee’s stress or mental condition
• A worker may have trouble linking emotional trauma or stress to a work-related injury
• Employers or insurers may dispute the validity of a mental health diagnosis
• Employers may challenge the reasonableness or necessity of specific mental health treatments for a worker’s stress or emotional trauma

Workers can overcome the challenges and obstacles that may arise in workers’ comp stress claims by keeping extensive documentation of their condition, including medical and mental health treatment records. Hiring a workers’ compensation attorney experienced in handling stress claims can also provide workers with a critical resource to navigate the claims process.

Why Jodie Anne Phillips Polich, P.C., Is Your Best Choice for Workers’ Comp Stress Claims

Because employers and insurers may discount your claim of a work-related stress condition, hiring experienced legal counsel can give you the best chance of securing the settlement benefits you need for care. Turn to the legal team at Jodie Anne Phillips Polich, P.C., for the advice and advocacy you need to maximize your workers’ comp benefits because:

• Attorney Jodie Anne Phillips Polich has over 20 years of experience helping Oregon workers suffering from work-related injuries and conditions recover the financial benefits they need and deserve. She has a proven record of success handling a wide range of workers’ comp cases, including those involving stress and emotional trauma.
• She uses the insights she gained as an Oregon Workers’ Compensation Board member, where she ruled on numerous workers’ comp claims. Knowing how the board views all types of claims allows her to develop persuasive arguments for her clients.
• She never shies away from the most challenging workers’ compensation cases, including claims involving psychological injuries from mental stress and emotional trauma. She will devote the time and resources needed to build the most compelling case in favor of her client’s right to financial benefits.
• Attorney Jodie Anne Phillips Polich has earned the respect of her legal peers through her reputation for taking on and winning the most challenging workers’ compensation cases. Her track record has led other attorneys to refer their most difficult cases to her.

When your job causes you significant mental stress, resulting in a serious mental health issue, you may have the right to seek workers’ compensation benefits for stress and emotional trauma.

Contact Jodie Anne Phillips Polich, P.C., today for a free, no-obligation consultation with an experienced workers’ compensation attorney to discuss your legal rights regarding mental health and workers’ compensation benefits in Portland.