You work hard at a job in North Carolina but may feel stressed out. It can reach a point where your work-related stress impacts your ability to enjoy your life to the fullest extent. If you are dealing with stress-related health issues, it may be time to hire an attorney to help you seek damages from your employer.
Ricci Injury Law Firm Lawyers has more than 60 years of combined experience. If you want help with a work-related stress claim, reach out to our law firm. We can connect you with a work-related stress lawyer to review your claim and help you move forward with your case.
A Closer Look at the Link Between Work, Stress, and Health
Thousands of people in the United States deal with workplace stress every day. Stress at work impacts people in a variety of ways, including:
- Hampering their job performance
- Limiting their workplace productivity
- Making it difficult to engage with peers and build meaningful relationships with them
Along with the problems stress can cause at work, this issue can affect a person’s physical and mental well-being. People dealing with stress at work can experience an upset stomach, sleep problems, and other physical health issues. Stress can also impact a person’s mood and behaviors.
In North Carolina, it can be challenging to get a workers’ compensation claim approved on the grounds of work-related stress. Fortunately, a work-related stress attorney can help you present evidence to support your claim. Your lawyer can make sure you submit a valid stress claim at work, too.
How to File a Stress Claim at Work
If you are dealing with stress at work, consult with your manager or human resources department. From here, your manager or HR department can document your stress claim. They may be able to provide you with resources and tools to help you manage your stress as well.
In addition to filing a stress claim with your employer, reach out to a medical professional for help. You can meet with your primary care physician or another doctor to discuss your stress and how it is affecting you. Next, your doctor can provide a treatment plan to help you manage your stress.
Keep track of any treatments you receive for your work-related stress and the costs associated with them. If you complete a workers’ compensation claim due to your stress, you may need to provide this information to support your request. On top of that, you may need to provide medical documentation to validate that you have met with a medical professional and are undergoing treatment to manage your work-related stress.
Does Workers’ Comp Cover Mental Health in North Carolina?
There is no coverage for mental health in North Carolina, per the state’s Workers’ Compensation Act. If you file a workers’ comp claim exclusively citing workplace stress, you are unlikely to receive compensation. Comparatively, if you can show that your on-the-job stress is related to a physical injury.
For example, you may work in construction and suffer a serious injury that forces you out of work for an extended period of time. You may return to work after you recover from your injury but deal with stress as you try to get acclimated to your job once again. In this scenario, your stress is related to your on-the-job injury, and you may be able to receive compensation as part of a workers’ comp claim.
Work-related stress attorneys in North Carolina know the ins and outs of the state’s Workers’ Compensation Act. They work diligently to help their clients secure psychiatric workers’ comp settlements. Also, a work-related stress attorney has no trouble answering any legal questions you have about workers’ comp for mental health.
Why a Workers’ Compensation Claim for Work-Related Stress Can Be Denied
There are several reasons why a workers’ comp claim for work-related stress can be denied. These include:
1. You Lack Sufficient Evidence.
With a workers’ comp claim, you must be able to show that you are dealing with a medical issue that keeps you from working. This requires you to provide medical records and other documentation to support your claim. If you cannot provide this evidence, your claim is likely to be rejected.
2. You Did Not Provide the Required Documentation.
There can be times when workers do not report on-the-job injuries to their employers or do not have documentation to indicate they did. In instances where required documentation is missing, a workers’ comp claim will be denied. If you appeal, you may be able to provide this documentation, which may help you get your initial denial overturned.
3. You Are in the Middle of a Dispute with Your Employer or an Insurance Company.
A dispute regarding a workers’ comp claim can last months or years. If the dispute continues for a long time, workers’ comp officials may deny your claim. By filing an appeal, you may be able to explain the facts surrounding your dispute in detail to the North Carolina Industrial Commission (NCIC) and get your denial reversed.
4. Your Injury Is Not Considered Serious Enough for Workers’ Comp.
Work-related stress may make it difficult for you to function both at your job and outside of it. Regardless, NCIC officials may feel it is not serious enough to warrant workers’ comp. In this instance, your claim may be denied.
What to Do If Your Workers’ Comp Claim for Work-Related Stress Gets Denied
You may allocate significant time, energy, and resources to submit the documents required to support your workers’ compensation claim for work-related stress. Despite your best efforts, you may receive a denial of your workers’ comp claim. If this happens, you can appeal the denial.
You can file an appeal of a workers’ comp claim with the NCIC. Before you do, it is beneficial to partner with a work-related stress lawyer. Once your attorney reviews your workers’ comp claim denial, they can help you file an appeal in accordance with NCIC regulations.
After you file an appeal, you can go to a hearing where you can explain why your workers’ comp claim should be approved. Your work-related stress lawyer can help you prepare for your hearing. When your hearing gets underway, your attorney can advocate for you and make sure you present a compelling argument.
How Mediation Works in a Work-Related Stress Workers’ Comp Case
NCIC promotes mediation as a way for you and your employer to resolve a work-related stress workers’ compensation claim. In mediation, your case is examined by an unbiased third party (mediator). Then, the mediator works with you and your employer to come up with a settlement that aligns with the best interests of all parties.
Mediation can be beneficial to resolve a workers’ compensation dispute without a hearing. If mediation is successful with your work-related stress workers’ compensation case, you may receive compensation from your employer right away. On the other hand, if you accept a mediation settlement, you may receive only a portion of the compensation you want.
Your attorney can guide you through the mediation process and represent you in mediation. If you go through mediation but cannot come to terms with your employer regarding your work-related stress claim, there is no need to panic. Your lawyer will ensure you are well prepared for your hearing and can present relevant evidence to support your workers’ compensation claim.
How to Prepare for a Hearing in a Work-Related Stress Workers’ Compensation Case
You may have no idea about what to expect during a workers’ compensation hearing in North Carolina. By partnering with an experienced workers’ compensation rights attorney, you are in good hands. Your lawyer explains what will happen during your hearing and helps you plan accordingly.
In the time before your work-related stress workers’ comp hearing, you and your lawyer can gather evidence. You can present this evidence in your hearing to show why your rejection should be overturned. Evidence you can share in a workers’ comp hearing includes medical records and other documents that highlight the severity of your work-related stress.
Your lawyer may also provide you with questions you may receive during your hearing. This allows you to consider how you will respond to questions. If you get these questions during your hearing, you can answer them confidently.
When to Hire a Workers’ Comp Lawyer for a Work-Related Stress Claim
A workers’ comp attorney can help you in the scenarios explored below.
You Are Coping with Workplace Stress That Hinders Your Physical and Emotional Wellbeing.
On-the-job stress can escalate quickly. If you are not careful, your work-related stress can affect your physical and emotional health. Even if you report work-related stress to your manager or HR department, there is no guarantee they will be able to help you manage it going forward.
A workers’ comp attorney looks at each case that comes their way and considers their client’s wellbeing. For those coping with work-related stress, the attorney can help them file a workers’ comp claim. They can position their client to get their claim approved.
Your workers’ comp lawyer will ensure that you submit the required documentation for your work-related stress claim. Meanwhile, your lawyer can walk you through the claims’ process. If your claim is denied, your lawyer can help you file an appeal.
Your Employer Does Not Agree with Your Workers’ Comp Claim.
It can be challenging to get an employer to sign off on any workers’ comp claim. If you are dealing with work-related stress, you must be able to prove this to your employer. Otherwise, the employer is unlikely to agree with your claim.
A workers’ compensation lawyer can help you open the lines of communication with your employer. Your attorney represents you and verifies that your legal rights are protected. Plus, your lawyer advocates for you and helps you work with your employer to resolve your claim.
In the best-case scenario, your attorney can negotiate with your employer. This may boost your chances of getting your work-related stress workers’ comp claim approved. It may help you improve your relationship with your employer as well.
Your Employer Asks You to Return to Work Following a Workers’ Comp Claim.
In some cases, an individual disagrees with a doctor’s recommendation to return to work after a workers’ comp claim. Your employer or an insurance company may have selected this doctor. In addition, you may still feel like your work-related stress hinders your ability to work.
A workers’ compensation attorney can work with you to appeal your employer’s request for you to return to work. The lawyer analyzes the facts of your case and looks for ways to show it is in your best interest to keep your claim intact. Most importantly, the attorney does everything they can to ensure you do not need to return to work until you are ready to do so.
How to Choose a Lawyer to Represent You in Your Work-Related Stress Workers’ Comp Case
You can conduct an extensive search for a lawyer to represent you in your North Carolina workers’ comp case for work-related stress. To identify an attorney that meets your expectations, consider the following factors:
- Case Results: Select an attorney that has helped clients receive outstanding workers’ comp case results.
- Experience: Choose a lawyer that has years of experience with workers’ compensation cases.
- Client Testimonials: Partner with an attorney that goes the extra mile to fulfill their clients’ legal requests.
At Ricci Law Firm Injury Lawyers, we have earned many positive reviews from our clients. If you want help with a workers’ comp case in North Carolina, an attorney from our team is here to assist you in any way we can. Our lawyer gives your case the attention it deserves and makes sure you are fully supported until your case is resolved.
Get in Touch with a Work-Related Stress Workers’ Compensation Lawyer Today
Ricci Law Firm Injury Lawyers can put you in touch with an attorney to represent you in your North Carolina workers’ compensation case. For more information or to request a consultation, please contact us online.