Can You Receive Compensation for Stress-Related Injuries at Work in Texas?

While stress-related injuries at work are increasingly being recognized as a serious issue, the sad reality is that in Texas, the law currently only allows for such compensation in limited situations. A workplace injury lawyer in Houston, TX will be able to tell you more about your specific situation.

From a Workplace Injury Lawyer in Houston, TX: Compensation for Stress-Related Injuries at Work in Texas

Getting Help Through Workers Compensations

In Texas, workers' compensation is not mandatory for all businesses, so while companies may choose to provide workers' compensation insurance, most are not required by law to do so. The good news is that most choose to do so voluntarily.

According to Section 408.006 of the Texas Workers' Compensation Act, mental or emotional injuries arising principally from personnel actions that are considered a legitimate and normal part of business, such as transfers, promotions, demotions, or terminations, are not compensable and employees cannot claim workers' compensation for these stressors.

Heart Attack Claims

As outlined in Section 408.008 of the Texas Workers' Compensation Act, for a heart attack to be a compensable work injury, it must meet several criteria. First, it must have occurred at a definite time and place, it must have been caused by a specific event while working, and the preponderance of the medical evidence must show that the work the victim was doing was a substantial contributing factor to the heart attack.

In other words, it must be shown that the heart attack wasn't a preexisting condition, and it can't have been triggered solely by emotional or mental stress. It has to have happened due to a sudden stimulus, ​like an attack upon a fellow employee by an intruder, for instance.

First Responders

First responders in Texas have a unique provision under Section 504.019 of the Texas Workers' Compensation Act. If certain criteria are met, first responders can be compensated for PTSD.

First, the PTSD must be diagnosed according to the criteria specified by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5 or later editions). Second the PTSD must be caused by one or more events occurring within the course and scope of the first responder's employment, and the preponderance of the evidence must indicate that these events were a substantial contributing factor to the disorder.

Getting Help Through Litigation

There are more options for getting help for emotional distress if you are suing your employer. You can usually only sue if your employer doesn't have worker's comp and under a few other, specific circumstances, so talk with your lawyer about whether this will apply. Bringing a personal injury lawsuit is always a serious thing and should never be done without the help of an experience lawyer. Check out this site to connect with a ​workplace injury attorney in the Houston area.
 

Getting Legal Help

Given how difficult it is to get through both worker's comp ​claims and personal injury claims, it's always a good idea to speak with a lawyer who has experience specifically with workplace injuries. If you've suffered injuries of any kind ​on the job, contact an attorney to find out what your options are.