Does workers’ comp cover mental health?

In Illinois, workers’ compensation laws can provide coverage for mental health claims, but the process for proving these claims is often more complex than for physical injuries. At Horwitz, Horwitz & Associates, our Chicago workers’ compensation attorneys understand the challenges of pursuing compensation for work-related mental health conditions. This blog explains what you need to know about mental health and workers’ comp claims in Illinois.

Does workers’ comp cover mental health in Illinois?

Yes, Illinois workers’ compensation laws allow employees to seek benefits for work-related mental health conditions, but the process for proving these claims can be more challenging than for physical injuries. Mental health claims must meet specific criteria to demonstrate that the condition is directly related to your work duties or environment.

The Illinois Workers’ Compensation Act provides coverage for physical and mental injuries, but mental health claims typically fall into two categories:

  • Physical-mental claims: When a physical injury leads to a mental health condition, such as anxiety, depression, or PTSD.
  • Mental-mental claims: When a mental health condition arises solely from work-related stressors or traumatic events, without an accompanying physical injury.

Common workplace causes of mental health conditions

Work-related mental health issues can arise from a variety of circumstances.

Workplace stress

Excessive workloads, unrealistic deadlines, and toxic work environments can lead to stress-related mental health conditions like anxiety and depression.

Traumatic events

Employees exposed to traumatic incidents—such as workplace violence, accidents, or witnessing a coworker’s injury—may develop PTSD or other mental health conditions.

Bullying or harassment

Workplace bullying, harassment, or discrimination can create severe emotional distress, leading to mental health conditions.

Chronic pain

Employees dealing with ongoing physical pain from a workplace injury may experience depression or anxiety as they struggle to adjust to their limitations.

How to prove a mental health workers’ comp claim

Mental health claims can be more difficult to prove than physical injury claims because they often lack visible symptoms. To successfully file a claim, you’ll need strong evidence demonstrating the link between your work environment and mental health.

1. Document your condition

Seek medical treatment from a licensed mental health professional, such as a psychiatrist or psychologist. Their diagnosis, treatment records, and professional opinion will be key in establishing your claim.

2. Connect your condition to your work

You’ll need to demonstrate that your mental health condition directly resulted from your work environment or job duties. This may include providing:

  • Documentation of traumatic events at work
  • Statements from coworkers or supervisors
  • Evidence of workplace stressors, harassment, or unsafe conditions

3. Work with an experienced attorney

Navigating a mental health workers’ comp claim can be complex. An experienced workers’ compensation attorney can help gather evidence, present a strong case, and negotiate with insurance companies on your behalf.

What benefits are available for mental health claims?

If your mental health claim is approved, you may be eligible for several benefits under Illinois workers’ compensation laws.

1. Medical benefits

Workers’ comp can cover the costs of mental health treatments, including therapy, counseling, medication, and hospital stays if necessary.

2. Temporary total disability (TTD)

If your mental health condition prevents you from working temporarily, you may qualify for wage replacement benefits, calculated as two-thirds of your average weekly wage.

3. Permanent partial disability (PPD) or permanent total disability (PTD)

If your mental health condition results in long-term or permanent impairment, you may be eligible for additional compensation.

4. Vocational rehabilitation

For workers unable to return to their previous roles due to mental health conditions, vocational training or job placement assistance may be available.

Challenges in pursuing a mental health workers’ comp claim

Mental health claims face unique challenges, including the following:

  • Stigma – Mental health conditions often carry societal stigma, which can make it harder for employees to come forward and file claims.
  • Lack of understanding – Employers and insurance companies may be less familiar with mental health claims, leading to skepticism or unfair denials.
  • Proving causation – Establishing a direct link between work and your mental health condition can be challenging, especially without tangible evidence like medical records or witness testimony.

How Horwitz, Horwitz & Associates can help

Mental health conditions caused by your workplace can be just as debilitating as physical injuries, and you have the right to seek workers’ compensation benefits for your condition. However, successfully filing a mental health claim requires strong evidence and skilled legal representation.

At Horwitz, Horwitz & Associates, we have decades of experience helping Illinois employees navigate complex workers’ comp claims, including those involving mental health. Our team can:

  • Help you gather compelling evidence for your claim
  • Connect you with mental health professionals for diagnosis and treatment
  • Negotiate with insurance companies to secure fair compensation
  • Appeal denied claims and fight for your rights in court if necessary

We’re here to guide you through your claim and fight to secure the benefits you deserve. Call us at (800) 985-1819 or visit us online to get started.