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Tampa Workers' Compensation Attorney / Blog / Workers Compensation / Mental Stress is Now the #1 Job Injury

Mental Stress is Now the #1 Job Injury


Anxiety, stress, and related mental illness now account for 52 percent of all job-related injuries, according to a recent study.

A new Atticus study found that mental health issues such as stress and anxiety are now the number one most common workplace injury, making up most of all workplace injury cases. Google searches for “burnout” skyrocketed 63 percent in September. Additionally, 43 percent of middle managers also report burnout—more than any other worker group. As mental health issues are now the number one most common workplace injury, the team at Atticus surveyed 1,000 employees and collected recent data from OSHA, BLS and Google Trends to explore professionals’ mental health decline.

According to a 2022 Gallup poll, 76 percent of American workers report experiencing the end-of-their-rope fatigue and frustration that are the hallmarks of burnout.

Benefits Available

If anxiety or other such issues force people to miss work, and the victim’s work environment substantially caused that stress (more on that below), a Tampa workers’ compensation attorney can obtain important benefits.

These benefits usually include partial lost wage replacement and reasonable medical bill payment.

Lost wage replacement is based on the victim’s average weekly wage. The AWW is usually different from the average net pay on the victim’s last few checks.

Many people change jobs a lot. If the victim just left a low-paying job to accept a higher-paying position, the AWW for the last few months is obviously deceptive. Furthermore, the AWW looks forward as well. If a job injury forces Tom to miss overtime opportunities or bonus milemarks, his lost wages should reflect those losses. Finally, the AWW also includes per diem allowances and other non-cash compensation.

Most victims receive two-thirds of their AWW for the duration of their temporary or permanent work-related disabilities.

The law requires workers’ compensation insurance companies to pay reasonably necessary medical bills. There’s a big difference between “reasonably necessary” and “cheapest possible.” Some procedures are only reasonably necessary in some cases.

The law also requires job injury victims to see company doctors, at least in most cases. An independent doctor is concerned with patient welfare as opposed to the company’s profits. So, this independent evaluation is often much more compelling in court.

Mental Stress and Workers’ Comp in Florida

In the Sunshine State, work-related emotional distress must be related to a work-related physical injury. These connections are very common. Physical injuries usually have psychological effects. Frequently, the psychological effect is much worse than the physical injury.

Frequently, there’s a fear factor. If Mary breaks her leg at work, even if the fracture is mild, she may be afraid to go back to work and risk further injury. Alternatively, she might feel the need to alter her daily routine to avoid the area where she was injured.

Special rules apply to emergency responders. A Tampa workers’ compensation lawyer can obtain benefits for some first responders affected by work-related stress whether or not they sustain a physical injury.

All victims, first responders or not, must show their mental stress is substantially related to their physical injuries. Substantially related basically means more than 50 percent. So, even if non-work stress contributed significantly to the problem, full workers’ compensation benefits are usually available.

Moreover, a Tampa workers’ compensation lawyer must prove the victim unduly suffers because of the mental injury. Usually, benefits are available for psychological injuries related to suffering physical pain, losing out on job opportunities, being out of work, or resulting from a pre-existing mental condition.

Count on a Thorough Hillsborough County Attorney

Injury victims are entitled to important financial benefits. For a free consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. We do not charge upfront legal fees in these matters.



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