Anxiety and other mental health disorders are painful and debilitating. You just want to get the care you need, heal, and be able to pay your bills, like any other worker who has been hurt on the job. Illinois law does allow workers’ comp claims for certain stress- and anxiety-related conditions, but there are limitations you need to be aware of.
The hardest time to get help is when you need it most. Trying to secure workers’ comp for stress and anxiety while you or a loved one is dealing with anxiety or other mental health problems can feel impossible. At Marker Law, LLC, our job is to fight on your behalf to make this a reality.
Contact us today at 331-295-8005 to discuss your case and learn how we can help you.
Physical-Mental vs. Mental-Mental
The first thing you should know about workers’ comp for stress and anxiety is that there are two kinds of mental health claims in Illinois: physical-mental and mental-mental.
Physical-mental claims apply when a physical injury at work causes emotional distress. For example, if you break your neck on a job site, you may experience depression from being paralyzed. These claims are typically more straightforward because the anchor of the claim is a clear physical injury.
The other kind of claim is mental-mental. That is when your mental illness is not linked to a physical workplace injury. These can be much more difficult because of the limitations courts have placed on mental injury workers’ compensation claims.
Workers’ Comp for Emotional Distress: Legal and Medical Requirements
Illinois workers’ compensation covers injuries that arise out of and in the course of employment. That can include mental-mental claims for psychological conditions such as anxiety, depression, or post-traumatic stress disorder, but only in specific scenarios.
Medical Requirements
To file for workers’ comp for emotional distress, you need medical documentation from a licensed professional.
This includes records of:
- Diagnosis,
- Treatment, and
- Clear diagnostic notes showing your mental illness was caused by an incident at work.
A doctor or therapist must establish that your condition is not the result of ordinary work pressures or situations outside of work, but rather a specific incident at work.
Legal Requirements
The legal requirements for a mental-mental claim are stringent. You have to show that your mental health injury stemmed from a “sudden, severe emotional shock” traceable to a definite:
- Time,
- Place, and
- Cause.
In Illinois, there are no separate legal requirements for certain occupations, like police officers or firefighters. Instead, courts use a “reasonable person” standard, meaning they consider whether the event would cause severe emotional shock to a reasonable person in the same circumstances, regardless of training or occupation.
The event must go beyond ordinary workplace stressors, e.g., arguments with a boss or rude comments from a customer. Illinois courts recognize that some degree of stress is part of every job. Instead, the law requires a sudden and shocking event that is outside of the usual pressures of the workplace. Successful mental-mental claims in Illinois only involve extreme situations, like watching a co-worker lose a limb on the job or having a gun pointed at you at work.
How Mental Health Workers’ Compensation Claims Are Evaluated
Once mental health workers’ compensation claims are filed, the insurance carrier evaluates the evidence. They often bring in their own experts to review the information or conduct independent examinations.
Insurance companies are motivated to deny or minimize these claims because mental health conditions are harder to measure than physical injuries. This makes it critical to have an advocate who knows how to present the evidence and challenge unfair evaluations.
Illinois Workers’ Compensation Commission
If the workers’ compensation insurance company denies your claim or offers you less than you are owed, the next step is to file a claim with the Illinois Workers’ Compensation Commission. This is the body charged with resolving workers’ compensation disputes in Illinois. You can think of it as similar to a typical civil court.
An arbiter from the commission will evaluate the claim based on the Illinois Workers’ Compensation and Occupational Diseases Acts. However, during the time leading up to the hearing and decision, your workers’ compensation attorney will typically negotiate with the insurance company to reach a settlement agreement.
Benefits Available in Stress-Related Workers’ Comp Cases
If your claim is approved, you may receive several types of benefits:
- Payment for necessary medical treatment—including therapy, counseling, and medication;
- Temporary total disability payments—if you cannot work while recovering;
- Permanent partial disability benefits—if your condition leaves lasting limitations; and
- Vocational rehabilitation—if you cannot return to your previous job and need retraining.
At Marker Law, our role is to fight for you to receive the full scope of what the law provides rather than the limited version the insurer prefers in stress-related workers’ comp cases.
Bottom Line: Can I File a Claim for Anxiety at Work?
Yes, in Illinois, you can file a workers’ compensation claim for anxiety or any other mental health diagnosis. If it is tied to a physical injury on the job, successfully receiving compensation is more likely. If there is no physical injury, the path is more difficult. You must show that your mental health injury was directly caused by a specific time, place, and cause at your job that was extreme and shocking.
FAQs
How Much Compensation for Stress and Anxiety?
The amount depends on the severity of your condition, how long you are unable to work, and whether you face permanent limitations. Each case is unique.
How Do I Prove Work-Related Stress?
You prove it through medical evidence and documentation of the workplace event that caused the stressor. Documentation of the event might include witness testimony, videos or photographs from the incident, and follow-up emails or text messages.
How Long Can You Be off Work with Stress and Anxiety?
You can remain off work as long as your treating doctor certifies that you cannot safely perform your duties. Regular check-ins with your doctor are necessary to show the ongoing need for leave.
How Do I Sue My Employer for Stress and Anxiety?
Workers’ compensation is generally the exclusive remedy in Illinois, meaning you cannot sue your employer directly for damages. Instead, you file a claim through the workers’ compensation system. In rare cases where intentional misconduct or third-party liability is involved, separate legal actions may be possible. We evaluate each case to determine the right path.
Call Us Today
At Marker Law, LLC, we have more than 25 years of experience helping injured workers in Naperville and across Illinois. We have been recognized by Super Lawyers for over a decade and were nominated for Best of Naperville in 2024. Judges, attorneys, and medical providers in our community know us as a home-grown firm that fights hard for our clients.
When you call us, you will find a team that takes the weight off your shoulders. We handle the paperwork and communications with the insurance company so you can focus on healing. We are your advocate in the often long, grueling process of obtaining workers’ comp for stress and anxiety.
You do not have to face this process alone. Contact Marker Law, LLC today so we can evaluate your case and fight for the benefits and justice you deserve.