It is the burden of the employee to provide “objective evidence” of the events of employment that give rise to a claim for psychiatric injury. Mere allegations or subjective belief of harassment is insufficient to establish a claim for psychiatric injury without actual objective evidence.2

Example: Where an employee alleged psychiatric injury due to allegations of misappropriation of funds, an investigation by a grand jury regarding her fundraising activities, press coverage of the investigation, and a defamatory email sent by another teacher to all district employees, her psychiatric injury was held to be caused by actual events of the workplace and compensable.3

Example: Courts no longer accept the employee’s honest misperception of events as being causative of a psychiatric injury. Where an employee engaged in abusive conduct toward her coworkers which resulted in the coworkers’ disdainful reactions toward her, such reactions were not “actual events” of the workplace nor did they constitute the predominant cause of the employee’s psychiatric injury, where the predominant cause of the psychiatric injury was the employee’s own intentional abuse of her coworkers.4

Example: An employee claimed that her physical injury caused her to become depressed, even though she had numerous non-industrial stress factors that also played a role in causing her depression. She contended that because her physical injury was admitted and because it was not disputed that the physical injury did cause some of her emotional problems, all of her psychiatric injury should be automatically compensable. The appellate court ruled that a psychiatric injury that results from a physical industrial injury is compensable only if it is predominantly caused by (more than 50 percent attributable to) the physical industrial injury.5

To obtain compensation for a psychiatric or stress injury, the employee must show:

• Diagnosis of a mental disorder based on accepted and published terminology and criteria of the American Psychiatric Association.
• Medical determination that the mental disorder results in disability or requires medical treatment.
• Proof that actual events of employment predominantly caused the psychiatric injury, unless the psychiatric injury was a result of a significant violent act. If a significant violent act occurred, the working conditions must account for at least 35 to 40 percent of the causation of the injury.6

In Sonoma State University v. WCAB, the WCAB awarded workers’ compensation benefits to an employee with multiple disorders. Work had caused 100 percent of one of the disorders, but only 35 percent of another. A court of appeal reversed the decision, stating that if an employee suffers from psychiatric injury that results from multiple disorders, work-related causes must be the predominant cause of the psychiatric injuries as a whole.7

An employee must also meet a separate length-of-employment requirement to make a valid claim for psychiatric injury. Typically, you must have employed the worker for at least six months before the worker can claim mental stress injuries. However, this rule does not apply if the psychiatric injury is caused by a sudden and extraordinary employment condition.8 A typical example of the exception would be a newly hired grocery store clerk being assaulted during a robbery of the store.

For injuries on or after January 1, 2013, the employer is not liable for compensation payments for permanent impairment resulting from claims of sleep disorder, sexual dysfunction, and, with a few exceptions, psychiatric conditions that are a compensable consequence of the underlying physical injury.9 This 2013 addition to the Labor Code was another attempt by the legislature to try and limit the employer’s exposure to psychiatric injury claims. However, this bar only applies to liability for payment of permanent disability for psychiatric injury, sleep disturbance, or sexual dysfunction that’ is the direct result of the accident itself, e.g. psychiatric disability caused by a traumatic head injury from a fall, is entitled to permanent disability benefits.

Temporary disability and medical treatment must still be provided for a consequential psychiatric claim, despite the fact that the employer may not be liable for payment of any permanent disability benefits. There are exceptions to the disallowance of permanent disability compensation when the injury involves a significant violent act or has resulted in catastrophic physical injuries (e.g., loss of a limb, paralysis, severe burns, severe head injuries).10 The Legislature is recognizing with these exceptions its public policy that in certain instances the payment of permanent disability benefits for psychiatric injury is justified despite the fact that it stems from a physical injury.

• A presumption of psychiatric injury, specifically post-traumatic stress disorder (PTSD), exists for firefighters and first responders who allege that they’ve suffered PTSD in connection with their work.11 The intent behind the law is to recognize that firefighting and law enforcement are two of the most stressful occupations, and that these first responders are cumulatively exposed to horrific events that make them uniquely susceptible to PTSD. As of January 1, 2026 this presumption also extends to active firefighters who work at commercial airports. This statutory presumption remains in effect through 12/31/2028, at which point it is automatically repealed by operation of law.

The statutory presumption of psychiatric injury for first responders has the same “six-month employment rule” limitation as other psychiatric injury claims. That is, the firefighter or first responder must have at least six months of employment at the time of injury to be entitled to the presumption. The firefighter or first responder is entitled to claim the PTSD presumption even after termination of service, up to a maximum of five years post-employment depending upon length of service with the department.

1. Lab. Code sec. 3208.3(b)(1)