Although its concept is often met with challenges, work-related stress injuries are recognized by courts as part of the worker’s compensation insurance. Therefore, like other personal injury claims, they are compensable depending on the nature and development of the personal injury.
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There are two types of work-related stress injuries:
Physical stress injuries. Repetitive stress injuries (RSIs) are the most common type of physical stress injury, which happens when an employee suffers a physical problem due to prolonged activity at work. An example of an RSI is a data encoder suffering from carpal tunnel syndrome.
Emotional stress injuries. This type of stress injury is harder to prove since external factors can influence it. A bartender who has a demanding schedule and who is, at the same time, suffering from depression and alcoholism, for instance, may be eligible for worker compensation, when proven that his work caused his illness.
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Anyone who experiences work-related stress can file a legal claim against his or her employer or insurance company. The process, however, is not easy. The claim requires extensive evidence that the personal injury was, in fact, caused by the negligence of the employer, which is often difficult to prove in situations that are not obvious or those that have been occurring over a very long period.
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