Workers in California are entitled to workers’ compensation benefits for injuries sustained at work or as a result of their employment. When thinking of an injury, people often imagine a broken arm, a broken leg, or some other physical condition. However, not all injuries sustained at the workplace are physical. Some are mental. It is common for people to get stressed at work. Sometimes, and hopefully most of the time, the stress is short-lived: a pressing deadline on an important project, or concern over performance. There are, however, cases where stress persists over time, and as people become more and more stressed because of work, it becomes more likely that the problem develops into a serious mental health condition. The question that matters for a worker suffering from stress caused by their employment is this: “Can I get workers’ compensation benefits for work stress?” The answer is not simple, and as with any workers’ compensation case, it helps to talk to a workers’ compensation lawyer who can guide you and pursue the full benefits available for your claim. Below we have prepared a general overview of work stress and mental health claims under California law. The information describes the general position of the law; for your particular case, contact a workers’ compensation attorney.
Are there specific laws about work stress?
California has no law that specifically targets stress relief in the workplace, and so there is no separate legal framework for “stress” claims as such. Nevertheless, California workers’ compensation law does allow you to file a claim for a psychiatric injury that results from stress in the workplace. In addition, where the eligibility rules are met, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) may allow you to take job-protected leave for a serious health condition.
If there is no specific legal framework, how can I get workers’ compensation benefits for stress at work?
There are circumstances under which employees can qualify for workers’ compensation benefits for a psychiatric injury. In order to qualify, you must have a diagnosis of a mental health or psychiatric disorder that needs treatment or causes disability and that was caused, or made worse, by your work. If the claim is accepted, the workers’ compensation insurer must provide medical treatment and any disability benefits that are owed. Workers’ compensation itself does not require your employer to hold your job open, but other laws may protect your position: Labor Code section 132a prohibits an employer from firing or discriminating against an employee because of a work injury claim, and the Fair Employment and Housing Act, CFRA, and FMLA may also apply.
When can you collect workers’ compensation benefits for a psychiatric injury?
Labor Code section 3208.3 provides that a psychiatric injury is compensable if:
- it is a mental disorder that causes disability or a need for medical treatment, and it is diagnosed using the procedures the law requires (Labor Code section 139.2(j)(4));
- the employee has worked for the employer for at least six months (the six months need not be continuous), unless the injury was caused by a sudden and extraordinary employment condition;
- the diagnosed condition is one recognized in the Diagnostic and Statistical Manual of Mental Disorders;
- actual events of employment were the predominant cause of the injury, meaning more than 50 percent of all causes combined (a lower “substantial cause” standard of 35 to 40 percent applies when the injury results from being a victim of a violent act or direct exposure to a significant violent act);
- the injury was not substantially caused by a lawful, nondiscriminatory, good faith personnel action; and
- the injury was not caused by the litigation process itself.
It is important to emphasize that “stress” is not a psychiatric diagnosis in and of itself, but it may be a symptom of a recognized condition such as generalized anxiety disorder, an adjustment disorder, or depression.
Can I make a claim for a psychiatric injury if I have received a notice of termination?
The Labor Code states that where the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring before the notice, no compensation shall be paid. But there are exceptions. Compensation can be paid if the employee demonstrates by a preponderance of the evidence that actual events of employment were the predominant cause of the psychiatric injury and one or more of the following conditions exist:
- Sudden and extraordinary events of employment were the cause of the injury;
- The employer had notice of the psychiatric injury under Chapter 2 (commencing with Labor Code section 5400) before the notice of termination or layoff;
- The employee’s medical records existing before the notice of termination or layoff contain evidence of treatment of the psychiatric injury;
- There has been a finding of sexual or racial harassment by any trier of fact, whether contractual, administrative, regulatory, or judicial; or
- The evidence shows the date of injury is after the date of the notice of termination or layoff but before its effective date.
Therefore, if one or more of these conditions is present, an employee who has received a notice of termination or layoff may still bring a claim for workers’ compensation benefits for a psychiatric injury.
Do I need anything specific, like a doctor’s opinion, to bring a claim successfully?
To succeed, your claim must be supported by a detailed report from a qualified physician (a psychiatrist or psychologist) that explains the diagnosis and the causes of the condition. The evaluator will typically review your health history and personal records. Other relevant evidence includes your work history, objective test data, and sometimes statements or deposition testimony from co-workers, family, and friends.
Is it harder to obtain workers’ compensation benefits for a psychiatric injury?
Every situation is unique, but psychiatric claims are generally more difficult to prove than claims for physical injuries because of the additional requirements in section 3208.3. A workers’ compensation attorney can help you navigate those requirements and build the medical record the claim needs.
What are my options if my psychiatric injury claim is denied?
If your workers’ compensation claim for a psychiatric injury caused by stress is denied, there are still options. Claims administrators sometimes deny claims improperly, and a workers’ compensation lawyer can challenge the denial before the Workers’ Compensation Appeals Board and pursue the benefits you may be entitled to. Separately, if your physician determines that your health condition requires time away from work, you may be able to take job-protected leave under the FMLA or the CFRA if you meet their eligibility requirements. An employer’s attempt to deny leave you are entitled to, to cut it short, or to pressure you not to take it can give rise to a separate legal claim.
Getting Help With a Work Stress Claim
California workers’ compensation law is complex and difficult to navigate when you are facing a particular problem. If your job is putting stress on you that is harming your health, talk to an attorney who can explain the legal requirements for a psychiatric injury claim, whether your situation meets them, and the benefits you may be able to recover. Even if you cannot qualify for workers’ compensation benefits for a mental health condition, a lawyer can help you consider the full range of options California law provides. Attorney Shawn Abdi is ready to give you advice tailored to your specific case. There is no attorney fee unless there is a recovery, and our page on workers’ comp lawyer fees in California explains how a workers’ compensation judge sets and approves the fee. You can contact us for a free consultation at (888) 772-2529 or, in Spanish, (323) 310-4264.
Psychiatric injury claims are among the hardest to prove in the system. Our Los Angeles workers’ compensation page covers the benefits available once a claim is accepted.
Sources: Cal. Lab. Code §§ 132a, 139.2, 3208.3, 4660.1, 5400, 5405; Cal. Gov. Code § 12940.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.