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Malman Law - Chicago Workers Compensation AttorneysWorkers’ compensation covers any illness or injury that is the result of job-related duties. When an employee is physically injured or suffers from a work-related disease, it is easy to determine their eligibility. However, what if an employee suffers from job-related stress or develops an anxiety disorder because of their job? Determining eligibility for anxiety is more complicated, especially if the employee has a history of anxiety.

A stress-related claim can be valid under Illinois workers’ compensation laws; however, proving the case will be difficult – and stressful – for the employee. For complex claims such as these, the employee should always seek counsel from an Illinois workers’ compensation attorney.

The Issue With Stress-Related Claims

Stress-based workers’ compensation claims are not dealt with in the same manner as the typical workplace injury. Unlike a back injury or broken bone, stress claims are psychological, not seen in an x-ray or MRI scan. Hence, stress-related claims require the employee to meet a higher standard of proof when filing their claim, because they are easily refuted by the employer’s insurer.

Stress and the Individual

Stress is a personal psychological condition. Regardless of the job, there are various levels of stress, and every individual has their own threshold for stress. Because stress is a natural reaction that everyone experiences from time to time, suffering from work-related stress does not automatically constitute a valid workers’ compensation claim.

The mental distress must be severe, such as causing an emotional breakdown or even physical manifestations. If this is the case, and the stress becomes a permanent impairment for the employee, they may be eligible for workers’ compensation.

Sudden Anxiety or Post-Traumatic Stress Disorder

In Illinois, suffering from day-to-day, work-related stress does not automatically grant an employee workers’ compensation benefits. If, however, the employee suffers from an event that causes sudden, unexpected stress – such as a traumatic event – that employee could be eligible for benefits.

For example, if an employee is attacked while making a delivery for work and suffers from mild post-traumatic stress disorder. Because the employee was performing within the normal duties of the job at the time of the attack, they may be able to collect workers’ compensation.

Consult with an Attorney

Employees should never assume they do not have a valid workers’ compensation claim. If an employee is suffering from work-related stress, anxiety disorder, or post-traumatic stress disorder, they should first seek a mental health professional who can properly diagnose their condition. Then, the employee should seek counsel from an Illinois workers’ compensation attorney for a case evaluation.

The attorneys at Malman Law can review your workers’ compensation claim for free. If you have work-related stress, do not assume that you will not qualify for benefits. Our team can assess your case and help you determine if you have a valid claim. Call us at 888-625-6265 to get started on your case, or fill out an online contact form to schedule your consultation.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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