In recent years, more California workers are asking a question that was rarely discussed a decade ago: Can I get workers’ compensation for stress, anxiety, PTSD, depression, or another mental health injury caused by my job?
The short answer is yes — but mental health workers’ comp claims (often called “psychiatric” or “stress” claims) are among the most complex and heavily scrutinized cases in California’s workers’ compensation system.
If you’re an injured worker in Orange County, Los Angeles, San Diego, or anywhere in California struggling with job-related mental health issues, this comprehensive guide will explain everything you need to know in plain language — including the different types of psychiatric claims, the strict legal requirements, common reasons claims are denied, and how an experienced California workers’ compensation attorney can help you recover the benefits you deserve.
At Laguna Law Firm, we’ve helped hundreds of California workers — from nurses and first responders to teachers and office employees successfully file psychiatric injury claims. If you’re ready to discuss your case with a compassionate, results-driven legal team, call us today for a free consultation at (949) 930-1386 or visit lagunalawfirm.com.
Types of Mental Health Workers’ Compensation Claims in California
California law recognizes three main categories of psychiatric workers’ comp injuries:
1. Pure Psychiatric Injuries (Stress-Only Claims)
These occur when there is no physical injury — only emotional or mental trauma caused by work.
Examples:
- Chronic harassment or bullying by a supervisor
- Extreme workplace stress leading to anxiety or depression
- Witnessing a traumatic event at work (without being physically harmed)
Important: For dates of injury after January 1, 2025, the law became slightly more worker-friendly thanks to Senate Bill 623 (discussed below), but pure psychiatric claims still face the highest hurdles.
2. Psychiatric Injuries Secondary to a Physical Injury (“Physical-Mental”)
This is the most common and easiest-to-prove mental health claim.
Example: You suffer a back injury on the job → chronic pain → depression and anxiety from inability to work or enjoy life.
These claims are treated like any other workers’ comp injury and do not require the extra “predominant cause” burden (see below).
3. Post-Traumatic Stress Disorder (PTSD) for First Responders & Safety Officers
Thanks to landmark legislation (AB 1107 and SB 623), California now has presumptive PTSD coverage for police officers, firefighters, paramedics, sheriffs, and certain other peace officers if they are diagnosed with PTSD after exposure to traumatic events on the job.
If you’re a first responder, this presumption makes proving your claim dramatically easier.
The Six-Month Rule & Other Strict Requirements for Psychiatric Claims
Even if your mental health condition is clearly work-related, California Labor Code § 3208.3 imposes strict thresholds that do not apply to physical injuries:
- Six-Month Employment Rule
You must have worked for the employer for at least 6 months (doesn’t have to be continuous) before the psychiatric injury developed.
Exception: The six-month rule does not apply if the psychiatric injury was caused by a “sudden and extraordinary” event (e.g., explosion, workplace violence, or witnessing a fatality). - Predominant Cause Requirement (50.1%)
For pure psychiatric claims, you must prove that actual events of employment were predominant (more than 50%) as to all causes combined of the psychiatric injury.
This is a much higher standard than the “a contributing cause” or “industrial contribution” standard used for physical injuries. - No Good-Faith Personnel Actions Defense
If your stress or mental injury was substantially caused by lawful, nondiscriminatory, good-faith personnel actions (e.g., demotion, transfer, discipline, or layoff), the claim can be denied.
Employers and insurance companies aggressively use this defense — often mischaracterizing bullying or harassment as “personnel management.”
Big News: California PTSD & Mental Health Laws Are Changing in 2025
Two major legislative updates are making it easier for certain workers to win psychiatric claims:
- **Senate Bill 623 (effective January 1, 2025) expands the PTSD presumption to *more public safety members* and removes the requirement that the traumatic event be “extraordinary.”
-Assembly Bill 2243 (2024) creates a new presumption of injury for hospital employees who experience workplace violence or trauma.
If you’re a nurse, correctional officer, EMT, or hospital worker who has suffered psychological trauma from assaults or threats, these new laws could be game-changers for your claim.
Common Scenarios Where California Workers Win Psychiatric Claims
Real-life examples our attorneys at Laguna Law Firm have successfully handled:
- A warehouse worker developed severe anxiety and panic attacks after repeated sexual harassment by a supervisor (pure psych claim — won after proving predominant cause).
- A police officer diagnosed with PTSD after responding to multiple fatal accidents (presumptive coverage — expedited settlement).
- A teacher suffered depression after a violent student assault caused a shoulder injury (physical-mental claim — full medical treatment and temporary disability awarded.
- A nurse experienced PTSD after being attacked by a patient (new 2025 presumption applied — case settled for six figures).
Why Most Psychiatric Workers’ Comp Claims Are Initially Denied
Insurance companies know psychiatric claims often result in high-dollar settlements (lifetime medical care, permanent disability, and sometimes future earning loss). Common denial tactics include:
- Claiming the stress came from “good-faith personnel actions”
- Arguing the worker had pre-existing mental health issues
- Sending you to a defense-friendly psychiatrist who downplays work causation
- Alleging the six-month rule wasn’t met
This is why having an experienced California workers’ compensation attorney from day one is critical.
Steps You Should Take If You Believe You Have a Work-Related Mental Health Injury
- Report the injury to your employer in writing as soon as possible (you have 30 days, but sooner is better).
- Seek medical treatment — tell your doctor the condition is work-related.
- Request a claim form (DWC-1) from your employer.
- Do NOT give a recorded statement to the insurance adjuster without talking to a lawyer.
- Call Laguna Law Firm at (949) 930-1386 for a free case evaluation before signing anything.
How Laguna Law Firm Can Help You Win Your California Psychiatric Workers’ Comp Claim
Our board-certified workers’ compensation attorneys have decades of combined experience fighting for injured workers with mental health claims across California. Here’s what sets us apart:
- We work with top forensic psychiatrists and psychologists who understand workers’ comp causation rules.
- We aggressively challenge “good-faith personnel action” defenses with depositions and discovery.
- We’ve recovered millions in settlements and awards for clients with PTSD, anxiety, depression, and stress claims.
- No fees unless we win — and your consultation is 100% free.
Frequently Asked Questions About Mental Health Workers’ Compensation in California
Q: Can I get workers’ comp for burnout or general job stress?
A: Usually no. California courts have ruled that ordinary stress of the job (deadlines, long hours, difficult customers) is not compensable unless it rises to harassment, discrimination, or a specific traumatic event.
Q: Will filing a psych claim affect my job?
A: It is illegal for your employer to retaliate. If they do, you may have additional claims for discrimination or wrongful termination.
Q: How much is a psychiatric injury worth?
A: Settlements range from $15,000 to over $250,000+ depending on severity, permanent impairment rating, age, and occupation. PTSD claims for first responders frequently settle in the six-figure range.
Q: Do I need a lawyer for a mental health workers’ comp claim?
A: While not required, psychiatric claims have a denial rate over 70% when unrepresented. An experienced attorney often makes the difference between $0 and life-changing compensation.
Take the First Step Toward Healing and Financial Recovery
Living with work-related anxiety, depression, or PTSD is painful enough — you shouldn’t have to fight the workers’ compensation insurance company alone.
The team at Laguna Law Firm is here to listen to your story, explain your rights, and fight for every dollar of benefits you deserve.
Call (949) 930-1386 right now for a free, no-pressure consultation, or fill out the contact form at lagunalawfirm.com. We serve injured workers throughout Orange County, Los Angeles, Riverside, San Bernardino, and all of California.
You’ve already carried the weight long enough. Let us help lift it.
Laguna Law Firm – Standing Up for California’s Injured Workers Since 2008
Phone: (949) 930-1386
Website: lagunalawfirm.com
English 
Spanish 