Psychiatric Impairment Arising from COVID-19

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PSYCHIATRIC INJURIES

In response to the coronavirus, the government issued an order requiring all California residents to stay home, except for those workers deemed to be essential. As a result, employers were required fundamentally change their business practices.

Some implemented new technology to allow employees to work from home. Employees who were required to come to work may have been required to maintain physical distance from other employees or customer. Other employees may have been forced to work different hours due to staggered shifts.

Although such efforts are necessary to protect employees and the community at large from the spread of COVID-19, they do not insulate employers from liability for injuries sustained as a result of such work. These efforts to control the coronavirus do not change the law on legal liability for injuries.

Labor Code § 3208.3(b) provides a psychiatric claim is compensable if it was predominantly caused by an actually events of employment. At that same time, § 3208.3(h) bars a psychiatric claim that was substantially caused by good faith personnel action.

In the current environment, people are understandably going through a lot of stress. There could be stress and fear related to the coronavirus itself. They may be stressed because they've lost their job or are in danger of losing their job. They may also be stressed by their working conditions in response to COVID-19 could give rise to a psychiatric claim.

Pursuant to Labor Code § 3208.3