Can You File a Workers’ Comp Claim if Constant Surveillance is Causing Anxiety?

Modern technology has given employers a vast array of ways to keep an eye on what employees are doing every second that they are in the workplace, or even when they are working from home. There are cameras everywhere, software that analyzes productivity, and even devices that record every single keystroke entered on an employee’s computer. Never before have employees had their every move monitored and analyzed so intensely for every second of every workday. That constant surveillance can easily become overwhelming psychologically.

In fact, the problems experienced by employees because of the constant surveillance have become so prevalent that mental health professionals have created a term to describe the condition. Employees in large numbers are suffering from what psychologists call “surveillance anxiety.” This high level of anxiety can lead to panic attacks and clinically recognized disorders, including Generalized Anxiety Disorder.

So, what can you do if you are suffering from symptoms of surveillance anxiety because of your job? Depending on the situation, an attorney may be able to help you file a workers’ compensation claim to receive benefits that can help you get the right treatment, a change in working conditions, and compensation to offset wages lost due to time missed from work. It can be challenging to recover workers’ comp benefits for a psychological condition, but when you work with a lawyer who understands how to recover benefits for employees suffering mental health impairments, the process becomes much easier.

Legal Standards for Psychiatric Injuries Under California’s Workers’ Comp Laws

Some time ago, the California legislature raised the threshold for determining when a psychiatric injury would qualify for benefits under the workers’ compensation scheme. A psychiatric injury is a mental health disorder that is diagnosed according to the criteria of the American Psychiatric Association.

Under Section 3208.3 of the Labor Code, in most cases, a worker must demonstrate that “actual events of employment” were the predominant causes of the injury. In other words, 51% or more of the cause of the mental health disorder must be attributed to work conditions in order for an employee to qualify for benefits. (If a mental health disorder resulted from a violent act at work, the employee only needs to show that work events were a “substantial cause” of the disorder, which is defined to mean that work events were at least 35-40% of the cause.) If the events that triggered the disorder were legally allowed employment actions, such as nondiscriminatory layoffs, then the employee does not qualify for workers’ compensation benefits.

In addition, the law specifies that an employee must have worked for the employer for at least six months in order to be eligible for benefits for psychiatric injuries. The six months do not need to be consecutive, and if the mental health disorder resulted from a “sudden and extraordinary event,” then the six-month requirement is waived.

The Type of Diagnosis Necessary to Qualify

An overall feeling of stress is not enough to make a claim for benefits based on surveillance anxiety. It is necessary for an employee to receive a formal diagnosis from a licensed psychologist or psychiatrist. The diagnosis must be based on the terminology and diagnostic criteria of psychiatric diagnostic manuals widely accepted by professionals in psychiatric medicine. The standard diagnostic manual is the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, which is currently in its fifth edition with text revisions made in 2022.  

When Does Surveillance Cross the Line?

Employers have the right to take personnel actions in good faith, so long as they do not engage in illegal discrimination based on protected factors. In managing workers, employers can certainly argue that it is reasonable to monitor what employees do in the workplace. But sometimes, they cross the line and infringe on their workers’ privacy. Placing cameras in a restroom would be an example of excessive monitoring. It is also considered excessive when employers monitor employees during break times.

Employers are generally not allowed to track or capture text from employees’ personal devices, and they cannot use cameras or microphones to record employees working in their homes. In addition, employers are not supposed to use surveillance techniques in a way that inhibits the employee’s rights to organize or engage in union activities. Employers are supposed to notify employees when they are under surveillance.

When employers violate employees’ privacy rights, they can be held accountable. But what about in situations where an employer follows the strict requirements of the privacy laws and yet the scope of surveillance still causes mental distress?

When Surveillance Anxiety Becomes Compensable

If an employee is so stressed by the surveillance at work that it leads to symptoms of a recognized anxiety disorder, then it may be possible to recover workers’ compensation benefits. The anxiety must reach a level where it interferes with the ability to work. For instance, if surveillance anxiety in the workplace causes insomnia, panic attacks, social withdrawal, or other symptoms that lead to disability or require medical treatment, then it may be possible to receive benefits through workers’ compensation.

It is necessary to seek treatment from an approved mental health professional who can document the link between the workplace conditions and the symptoms experienced. In addition, the worker will need to notify the employer within 30 days of the time they recognize that their mental health disorder was caused by work conditions. After that, the employee will need to file appropriate forms and documentation to demonstrate the extent of the problem and the connection to workplace conditions. This can be a difficult task, and the workers’ compensation insurance provider will scrutinize and challenge the evidence, so it is very helpful to work with an experienced attorney during the claims process.

Get Help with Workers’ Compensation Claims in California

Whether you need assistance with a claim based on mental health disorders, such as surveillance anxiety, or a physical injury, such as back pain, the team at the Law Offices of Benjamin Arsenian can help. We know how to satisfy the tricky requirements of workers’ comp insurance providers and succeed when a benefits claim has been denied. For a free consultation to learn more about the assistance we may be able to provide in your situation, call us at 714-400-2000 or contact us online now.