Can you get workers’ comp for mental health conditions? States that offer workers’ comp for mental health Conditions that can qualify for workers’ comp Conditions that don’t qualify for workers’ comp The 2 types of workers’ comp mental health claims How to file a workers’ compensation claim for mental health How a lawyer can help with your workers’ comp claim Common questions about workers’ comp and mental health Find a local workers' comp lawyer Resources > Workers compensation Workers compensation Workers’ Comp for Mental Health: A State-by-State Guide for 2025 Written by Victoria Muñoz Lead Attorney Published May 22, 2024 Updated June 10, 2025 4 min read Why trust us? Compass Disability offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.

Why trust us? Most workers’ compensation advice assumes you have a physical injury, but mental health conditions can also interfere with your ability to carry out your job duties. Most states do offer workers’ compensation coverage for mental health, though getting your claim approved is usually difficult. This guide explains when workers’ comp covers these conditions and how to increase your chances of qualifying.

Can you get workers’ comp for mental health conditions?

It depends on your condition and where you live. Not all states allow workers’ comp claims for mental health conditions. Even if your state does allow it, getting benefits is difficult.

You need to prove that your condition was directly and maybe solely caused by your job. If you can point to a specific incident that led to your mental health condition, it’ll be easier to qualify. It’s also easier if you can file a claim for a physical work injury and show that your mental health condition was caused by that other injury.

As an example, if you developed post-traumatic stress disorder (PTSD) after an armed robbery at your job, you could build a case using that incident as evidence. If you were also physically harmed during the robbery, filing a successful claim will be easier.

That doesn’t always mean you should give up on getting benefits, though. Look into your state’s specific laws and talk to a local workers’ comp lawyer if you think there’s a connection between your mental health and work.

States that offer workers’ comp for mental health

The differences in state laws make it hard to tell what your chances of success are unless you know your state’s policies. The table below breaks down the basics of each state’s laws on workers’ comp and mental health.

Is mental health covered?

Are mental-only claims covered?

Alabama

Yes, if it results from a compensable physical injury 1

Alaska

Yes, but only under extraordinary or unusual work-related stress 2

Arizona

Yes, but only under extraordinary or unusual work-related stress 3

Arkansas

Yes, if you also have a compensable physical injury 4

California

Yes, if you can prove it's work-related with evidence 5

Colorado

Yes, if you can prove it was caused primarily by your work 6

Connecticut

Yes, for PTSD 7

Yes, for PTSD

Delaware

No, only physical injuries qualify 8

District of Columbia

Yes, if you can prove it's work-related with evidence 9

Florida

Yes, if you also have a compensable physical injury 10

Georgia

Yes, if you also have a compensable physical injury 11

Hawaii

Yes, except as a result of good-faith disciplinary action by your employer 12

Yes, if you also have a compensable physical injury 13

Illinois

Yes, if you can prove it's work-related with evidence

Indiana

Yes, if you can prove it's work-related with evidence 14

Yes, if you can prove it's work-related with evidence

Kansas

Yes, if you also have a compensable physical injury 15

Kentucky

Yes, if it's caused by a compensable physical injury 16

Louisiana

Yes, but only under extraordinary or unusual work-related stress 17

Yes, but only under extraordinary or unusual work-related stress 18

Maryland

Yes, for PTSD 19

Yes, for PTSD

Massachusetts

Yes, except as a result of good-faith disciplinary action by your employer 20

Michigan

Yes, if you can prove it's work-related with evidence 21

Minnesota

Yes, for PTSD 22

Yes, for PTSD

Mississippi

Yes, if you can prove it's work-related with evidence 23

Missouri

Yes, but mostly for first responders with PTSD 24

Yes, for PTSD

Montana

No, only physical injuries qualify 25

Nebraska

Yes, for first responders with PTSD 26

Yes, for first responders with PTSD

Nevada

Yes, but it must result from a single event 27

New Hampshire

Yes, for conditions that cause physical symptoms and stress disorders in first responders 28

New Jersey

Yes, if you can prove it's work-related with evidence 29

New Mexico

Yes, if caused by a traumatic event that is outside of your usual work experience 30

New York

Yes, except as a result of good-faith disciplinary action by your employer 31

North Carolina

Yes, if you can prove it's work-related 32

North Dakota

Yes, if it's caused by a compensable physical injury 33

Yes, if it's caused by a compensable physical injury 34

Oklahoma

Yes, if it's caused by a compensable physical injury or results from a violent crime 35

Oregon

Yes, if you can prove work conditions were the major contributing cause 36

Pennsylvania

Yes, if you can prove it resulted from a specific stimulus or inciting event

Rhode Island

Yes, if you can prove identifiable physical trauma or stress beyond normal day-to-day strain 37

South Carolina

Yes, if you can prove it's work-related with medical evidence 38

South Dakota

Yes, if it's caused by a compensable physical injury 39

Tennessee

Yes, if it's caused by a compensable physical injury or a sudden, unusual work event 40

Yes, if you can prove it's work-related with medical evidence 41

Yes, for first responders with PTSD

Yes, if you can prove it's work-related with medical evidence 42

Vermont

Yes, if caused by a physical injury or conditions outside of the typical stress of your job 43

Virginia

Yes, if it's caused by a physical injury, a clear incident, or PTSD 44

Washington

Yes, if it's caused by a physical injury, a clear incident, or PTSD 45

West Virginia

Yes, if it's caused by a compensable physical injury or you're a first responder with PTSD 46

Wisconsin

Yes, but only under extraordinary or unusual work-related stress 47

Wyoming

Yes, if it's caused by a compensable physical injury or you're a first responder 48

Conditions that can qualify for workers’ comp

As long as your state covers mental health claims, a condition can qualify if it’s caused by your work and leaves you unable to continue doing your job.

The most common mental health condition that qualifies for workers’ compensation is PTSD. You still need to prove that it was caused by your job, but most states recognize PTSD as a compensable injury.

If you’re a first responder, it’s easier to file a workers’ comp claim for PTSD in almost all states. Even states that don’t typically cover mental health claims will usually give benefits to first responders (especially firefighters) experiencing PTSD because of their jobs.

What about pre-existing conditions?

Pre-existing conditions could qualify if they significantly worsened because of your job. However, it’s difficult to convince an insurance company and a state court that your condition wouldn’t have grown worse independent of your job. Being able to point to a specific work incident that made your condition markedly worse could make it easier. Your best option is to talk with a workers’ comp lawyer to learn more about evidence that could help your case.

Conditions that don’t qualify for workers’ comp

Workers’ comp only covers conditions that require you to miss multiple days of work. If you have a condition that makes it harder to work but you can still do your job in full, you won’t be able to get benefits. ( See how much work you need to miss to qualify .)

General stress caused by your job isn’t eligible for workers’ comp. You may qualify for incidents that lead to “extraordinary or unusual work-related stress,” but proving that something is beyond an expected level of work stress isn’t easy.

You also can’t qualify for workers’ comp if your condition is a direct result of disciplinary action or a personnel decision, like getting fired, laid off, or transferred.

Some states, such as California , also make cumulative mental health claims harder by requiring you to have worked at your job for at least six months. 49

Self-diagnosed conditions also won’t qualify. The insurance company and state board will need a diagnosis from a licensed psychiatrist or psychologist.

The 2 types of workers’ comp mental health claims

There are two main types of mental health claims for workers’ compensation and some states only allow one or the other:

1. Physical-mental workers’ comp claims

Mental health conditions that develop after or as a symptom of a physical injury are much more likely to qualify for workers’ comp medical coverage and benefits. That’s because workers’ comp laws in every state cover employees with a physical injury. So if you can file primarily for a connected physical injury, your odds for a successful claim go up. In fact, this is the only way that some states, like Alabama, will accept a mental health-related claim.

For example, anxiety or depression that you experience after a traumatic brain injury is more likely to qualify for workers’ comp because you (and the insurance) can draw a direct connection between your condition and a specific work incident.

2. Mental-mental workers’ comp claims

Winning workers’ comp benefits for mental-only claims is difficult, even in states that allow these claims. There is a high burden of proof on you to show that your condition is a result of your work. We recommend talking to a local workers’ compensation lawyer. They’ll have a better sense of how your situation compares to other successful claims in your area.

How to file a workers’ compensation claim for mental health

The basic process of filing a workers’ comp claim is the same no matter what condition you have, but there are some key steps you can take to increase your chances of success.

  1. Report your injury: Whether you’re filing for a physical injury or just a mental health claim, notify your employer as soon as you believe that your condition is work-related. This kicks off the filing process and you may only have a few days to report the injury, Missing your state’s deadline will mean missing out on benefits. We also recommend that you give this notice in writing .
  2. Make sure your employer files a claim: After you report an injury to your employer, they should start the filing process . You will likely receive a form that you need to fill out and return. If they refuse to file a claim, like if they don’t think you’ll qualify, talk to a workers’ comp lawyer.
  3. Get a diagnosis: Most states and workers’ comp insurance companies require a diagnosis from a licensed psychiatrist or psychologist. Therapists and counselors usually can’t formally diagnose mental health disorders.
  4. Collect evidence: In addition to a formal diagnosis, you’ll need to prove to the insurance company that your condition was a direct result of your job. Look for evidence of specific work events that contributed to your condition if possible. Work emails or statements from coworkers could help here.
  5. Talk to a workers’ comp lawyer: Filing a successful mental health claim for workers’ comp is difficult. A local workers’ comp lawyer is trained in your state laws and will know what rights you have, how similar claims have won in the past, and how to increase your chances of success. Even if you don’t run into clear issues, a lawyer can help. An Compass Disability lawyer will also give a free consultation and charge nothing upfront if you sign on to work with them. Get connected to a lawyer near you today .

How a lawyer can help with your workers’ comp claim

It’s worth repeating that the best way to increase your chances of a successful mental health claim is by talking to a lawyer.

A local workers’ comp lawyer will help you through every stage of the workers’ compensation process. They can guide you through necessary forms, get you a diagnosis from a medical professional they trust, and help you gather the evidence insurance will look for.

An experienced lawyer knows how to fight for your rights if you get pushback from your employer or if the insurance company denies your claim. They can also represent you in state court if you need to appeal a denial.

Compass Disability has local workers’ comp lawyers across the country. Fill out our 2-minute workers’ comp questionnaire and someone from our team will reach out to learn more about your situation. Talking to us is free and if you want to work with one of our lawyers, there’s no upfront cost. You only pay after you win benefits or get a settlement. And since the average payout with an Compass Disability lawyer is double what people get on their own, you’re still making money after paying the fee.

Common questions about workers’ comp and mental health

What mental health conditions qualify for workers’ comp?

Not all states provide workers’ comp for mental health conditions. The most commonly accepted condition is PTSD, but even that isn’t guaranteed. Your best bet for benefits is if your condition is linked to a physical work injury. Learn more about qualifying conditions .

Can I file for workers’ comp for mental stress?

In general, no. Any level of stress that could normally result from doing a job won’t qualify for workers’ comp benefits. If you can prove that you experienced “extraordinary or unusual work-related stress,” some states may cover your condition.

How much does workers’ comp pay for mental health?

Workers’ comp pays the same amount for all eligible claims — usually all medical bills plus weekly payments worth two-thirds of your average weekly wage. Find the payment rate for your state to see how much you could receive.

Are there states that don’t cover any mental health claims?

Unfortunately, Delaware and Montana don’t cover mental health injuries under their workers’ comp laws. A local attorney will be able to explain your options better. Here’s how to find a good workers’ compensation attorney .

Which states don’t cover mental-only workers’ comp claims?

Alabama, Arkansas, Delaware, Florida, Georgia , Idaho, Kansas, Kentucky, Montana, New Hampshire, North Dakota, Ohio , Oklahoma, South Dakota, West Virginia, Wyoming.

Which states only cover mental health if I have a physical injury?

The following 14 states only cover mental health claims if they're caused by a physical work injury: Alabama, Arkansas, Florida, Georgia , Idaho, Kansas, Kentucky, New Hampshire, North Dakota, Ohio , Oklahoma, South Dakota, West Virginia, Wyoming.

Can federal employees get workers’ comp for mental health?

Yes. Federal employees, like post office workers, can qualify for workers’ comp with a mental health condition that leaves them unable to work. The Department of Labor handles all federal workers’ comp claims.

Find a local workers' comp lawyer

California

Connecticut

Georgia

Illinois

Kentucky

Maryland

Massachusetts

Michigan

New Jersey

New York

North Carolina

Pennsylvania

South Carolina

Tennessee

Wisconsin

Related resources:

What Is Workers' Comp & How Does It Work?

What to Do if You're Injured at Work

References

1 . Ala. Code, §25-5-1(9). 2 . Alaska Stat., §23.30.010. 3 . Ariz. Rev. Stat., §23-1043.01. 4 . AR Code, §11-9-113 (2020). 5 . Cal. Lab. Code, §3208.3. 6 . Colo. Rev. Stat., §8-41-302 (LexisNexis). 7 . Conn. Gen. Stat., §31-294k (2024). 8 . Del. Code tit. 19, §2301. 9 . D.C. Code, §32–1501. 10 . Fla. Stat., §440.093 (2023). 11 . Ga. Code Ann., §34-9-280 (LexisNexis 2023). 12 . Haw. Rev. Stat., §386-3. 13 . Idaho Code Ann., §72-451. 14 . Ind. Code, §22-3-6-1. 15 . Kan. Stat. Ann., §44-508. 16 . Ky. Rev. Stat., §342.0011. 17 . La. Stat., §23:1021. 18 . Me. Stat. tit. 39-A, §201. 19 . Md. Code Ann., §9-502 (West). 20 . Mass. Gen. Laws ch. 152, §1. 21 . Mich. Comp. Laws, §418.301. 22 . Minn. Stat., §176.011. 23 . Miss. Code Ann., §71-3-3 (LexisNexis). 24 . Mo. Rev. Stat., §287.067. 25 . Mont. Code, §39-71-119. 26 . Neb. Rev. Stat., §48-101.01. 27 . Nev. Rev. Stat., §616C.180. 28 . N.H. Rev. Stat. Ann., §281-A:2. 29 . N.J. Rev. Stat., §34:15-31. 30 . N.M. Stat., §52-1-24 (Justia 2023). 31 . N.Y. U.C.C. Law, §67-1-2. 32 . N.C. Gen. Stat., §97-52. 33 . N.D. Lab. & Em. Code, §92-01-02-02.5. 34 . Ohio Rev. Code, §4123.01. 35 . Okla. Stat., §85A-13. 36 . Or. Rev. Stat., §656.802 (2023). 37 . R.I. Gen. Laws, §28-34-2. 38 . S.C. Code, §42-1-160. 39 . S.D. Codified Laws, §62-1-1. 40 . Tenn. Code, §50-6-102 (Justia 2021). 41 . Tex. Lab. Code, §408.006 (2023). 42 . Utah Code, §34A-2-402. 43 . Vt. Stat. tit. 21, §9-601. 44 . Va. Code, §65.2-101. 45 . Wash. Rev. Code, §51.08.142. 46 . W. Va. Code, §23-4-1F. 47 . Wis. Stat., §102.01. 48 . Wyo. Stat., §27-14-102. 49 . “Preventing Psychiatric Injuries,” California Department of Industrial Relations, Division of Workers’ Compensation, accessed May 22, 2024, https://www.dir.ca.gov/dwc/FORMS/PreventingPsychiatricInjuries.pdf . Trustpilot Victoria Muñoz

Lead Attorney

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