Mental Stress at Work

People frequently say, “I am stressed out at work.” Much of the time it is an innocuous statement, simply made to let off a little steam.

However, some employees are actually experiencing significant stress that negatively impacts their well-being. Pressure to complete work within unrealistic deadlines, harassment, consistent negative feedback, and low salaries without advancement, can all contribute to serious mental health issues.

Those that work in these kinds of environments can end up with real illnesses, even if they are not visible to others. Mental disorders like depression, anxiety, and chronic insomnia can make work feel intolerable. These in turn can lead to high blood pressure, heart disease, and drug and alcohol abuse.

Factors such as the employee’s age, pre-existing medical conditions, and personality can also contribute to increased stress. When the symptoms become chronic and the emotional damage from work starts to affect an employee’s quality of life, they may have to consider filing a claim for workers’ compensation.

Physical, Mental Injuries Are Not Always Isolated

Work-related physical and mental injuries are often intertwined. If an employee is permanently disabled by a work injury and ends up in a wheelchair, they could face long-term mental illnesses, like post-traumatic stress disorder (PTSD).

Other disabilities from physical trauma like psychoneurosis can also be long-lasting. Further, there have also been cases of mental stress causing physical injuries, and vice-versa.

The Burden of Proof

To qualify for this kind of claim, the worker needs to have been employed for six months or more at the company. They must provide a psychiatric injury diagnosis that necessitated treatment from a medical provider, or a resultant disability that prevented them from working. The evidence needs to show that “actual events of employment” were the main cause of the injury. There may be an exception if something highly unusual occurred at the workplace.

Since mental injury claims cannot be diagnosed with tests like x-rays and MRIs, they are harder to prove. Proving that one was caused at work can be challenging, as the standard of proof must be from an “objectively verified” on-the-job situation. The courts will also look at the claimant’s lifestyle and other factors that contribute to their daily emotional stress.

The South Jersey workers’ compensation lawyers at Pietras Saracino Smith & Meeks LLP can help you with proving a mental injury claim.

Workers’ Compensation Claim Requirements in New Jersey

Like any other workers’ comp claim in New Jersey, the claimant must adhere to the statute of limitations. Generally, the clock starts running at the time a claim the injury or illness was realized to have been caused by the employment. An employee that is making a workers’ compensation claim for mental stress has to prove that they were working for the company, and that their injuries were incurred while they were working.

Both physical and mental illness claims can be for either permanent or temporary disability benefits.

New Jersey laws also require that the established disability must have been caused by the employment with the objective proof. An employee’s own opinion and perceptions about coworkers and job responsibilities are not sufficient to acquire workers’ compensation benefits.

The State has awarded benefits in cases where employees have experienced no physical injuries, only mental ones. For example, in 1953 an engineer was involved in a steam pipe explosion but was not physically harmed. The trauma led to a psychoneurotic disability, though, and the evidence persuaded the court to award him benefits.

Personal Injury Lawsuits

Employees that cannot make mental injury claims under workers’ compensation may have the option of filing a personal injury lawsuit. There are generally two kinds:

  • Intentional infliction of emotional distress
  • Negligent infliction of emotional distress

These also require objective evidence provided by the claimant and are usually more serious claims.

Rather than showing job-related stress, the claimant might have to show that the company inflicted substantial abuse, like outright discrimination or harassment.

Employees should be able to speak with supervisors or human resource departments about highly stressful work situations. If this is not possible, or attempts have not been successful, it may be time to contact the South Jersey workers’ compensation lawyers at Pietras Saracino Smith & Meeks LLP for assistance.

South Jersey Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks LLP Help Employees with Mental Stress Issues

If you need legal guidance with any type of work injury claim, call the knowledgeable South Jersey workers’ compensation lawyers at Pietras Saracino Smith & Meeks LLP. Call 856-761-3773 or complete an online form for a free consultation today. We are located in Cherry Hill, New Jersey, and serve clients throughout South Jersey and the City of Camden.

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Coronavirus COVID-19 UPDATE:
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Coronavirus COVID-19 UPDATE:

Please be advised that in accordance with Governor Murphy’s Executive Order 107, which imposed strict limitations on the operations of "brick-and-mortar" businesses and required telecommuting to the greatest extent possible, all N.J. workers’ compensation courts will continue to be closed to the public and to non-essential court personnel until April 13, 2020.

In response to overwhelming requests from the Workers’ Compensation Bar to hold non-emergent matters electronically or by teleconference, as of April 6, 2020, the following Workers’ Compensation Judges shall be designated by the N.J. Department of Labor and Workforce Development and the N.J. Division of Workers’ Compensation as essential personnel and shall report to their home vicinages for the purpose of hearing as many Workers’ Compensation matters as possible by telephonic conferencing, including all emergent matters and the following non-emergent matters, pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit:

Hon. Audrey Kernan, S.J., Atlantic City WC Courthouse
Hon. Arthur Marchand, A.S.J., Bridgeton WC Courthouse
Hon. Ingrid French, A.S.J., Camden WC Courthouse
Hon. Lionel Simon III, A.S.J., Freehold WC Courthouse
Hon. Diana Ferriero, S.J., Hackensack WC Courthouse
Hon. Jill Fader, S.J., Jersey City WC Courthouse
Hon. Glenn Kaplan, S.J., Lebanon WC Courthouse
Hon. Michael Luther, S.J., Mt. Arlington WC Courthouse
Hon. George Geist, S.J., Mt. Holly WC Courthouse
Hon. Ashley Hutchinson, A.S.J., New Brunswick WC Courthouse
Hon. Philip Tornetta, A.S.J., Newark WC Courthouse
Hon. William Roca, S.J., Paterson WC Courthouse
Hon. Maria Del Valle Koch, S.J., Plainfield WC Courthouse
Hon. Eugene Mulvaney, S.J., Toms River WC Courthouse
Hon. David Puma, S.J., Trenton WC Courthouse

The Division’s plan is to limit physical interactions in our workers’ compensation courts to the greatest extent possible and shift to the use of telephone conferencing, and if possible video conferencing for judges, attorneys, and litigants. There will be no in-person Workers’ Compensation Court proceedings (except for extremely limited emergent matters and certain ongoing motions for medical and temporary benefits and trials in which case social distancing will be enforced). Court offices will remain closed for in-person submissions. Filings will continue to be accepted electronically through COURTS On-line.

The N.J. Division of Workers’ Compensation’s number one goal is to limit the exposure and spread of the COVID-19 coronavirus to court personnel, attorneys and their staff, litigants, witnesses, and members of the public at large.

Pietras Saracino Smith & Meeks, LLP also continues to closely monitor the coronavirus (COVID-19) situation and its impact on our local community and the world at large. In accordance with Governor Murphy’s Executive Order 107, our office is closed and the members of the firm continue to work remotely. As such, the members of the firm may have limited access to information during this time. We continue to appreciate your understanding. We encourage our current clients, new clients, and fellow members of the bar to contact us via e-mail as that remains the best form of communication. All attorneys and paralegals have access to e-mail and case information. We have designated essential personnel to report to our office for the purpose of handling emergent matters only and to complete essential administrative tasks. Pietras Saracino Smith & Meeks, LLP remains committed to complying with all health and governmental regulations. Our thoughts and prayers continue to be with those most affected by this situation.