Does Workers’ Comp Cover Mental Health in Nevada?

The workplace can be incredibly stressful. In fact, some workplaces are so hard on us that they affect our mental health. Data shows that nearly one-fifth of workers in the U.S. rate their mental health as poor or fair. These workers report approximately 4 times more unplanned absences due to their mental health than do counterparts who report good for excellent mental health.

But will workers’ compensation cover mental health expenses? The answer to that is – it depends. Our Las Vegas workers’ comp lawyers explain.

Stress Injury Statute in Nevada 

Nevada explicitly discusses workplace injuries or diseases caused by stress, something that not all states do. However, there are fairly stringent requirements in place in order for a workers’ compensation claim to be valid. There are two essential features to the Nevada statute governing workplace stress-related injuries. First, a condition “caused by any gradual mental stimulus” is not included, meaning this exempts most individuals who made claims related to certain anxiety-based conditions. The second part of the statute defines when stress-related claims become compensable, requiring the following factors:

1. The worker sustains a mental injury caused by extreme stress in a dangerous workplace situation.
2. The primary cause of the mental injury was an incident that arose during work-related duties.
3. The stress was not caused by the employee’s termination, layoff, or any disciplinary action.

Perhaps the most important part of this law is the requirement that the stress-related injury arises out of a distinct, verifiable event. Gradual accumulation of stress, which is not uncommon, will not be covered under this law.

Unfortunately, these stipulations make it more likely that a workers’ compensation claim related to mental health issues will be denied. 

A Tip for Helping a Nevada Workplace Mental Health Claim

If you do believe you have a valid workplace mental health or PTSD claim, we encourage you to follow a few basic steps to help improve your chances of success. This includes:

• Reporting the injury as quickly as possible. Workplace injuries must be reported promptly in Nevada. State law requires individuals to report the injury to their employer within seven days of learning of it or receiving a diagnosis.
• Seeking immediate medical care. Individuals who believe a single event gave rise to their mental stress should seek immediate medical care and discuss the situation with their doctor. Injury victims should be explicit in discussing which incident they believe caused their mental health issue.
• Filing your workers’ compensation claim. Workers’ compensation claims must be filed within 90 days from the date the injury occurs or when an injury or illness is discovered through a diagnosis. Failing to file a workers’ compensation claim within the required deadline could seriously jeopardize the ability to recover compensation.
• Continuing all medical treatment. Individuals need to continue all treatments recommended by their medical professional until they have reached maximum medical improvement. This includes any recommended therapies. Discontinuing care against the advice of a physician increases the chances that a workers’ compensation claim will be denied or benefits discontinued.

Call an Attorney for Work Injury Help

If you need assistance recovering compensation after sustaining a workplace injury or illness, contact an attorney as soon as possible. A work injury lawyer in Las Vegas can help you understand your options, including whether or not you can recover compensation for mental health expenses arising due to the workplace.