North Dallas TX Chiropractor
All Injury Rehab of North Dallas
All Injury Rehab & Chiropractic Clinics work with Patients who are filing stress claims under the Federal Employees' Compensation Act. Patients who are placed in a position to file stress claims are often not in a physical or emotional state to properly file these types of claims. If you are a Federal or State employee and hesitant file a claims based on your work place experience you should contact your nearest All injury Rehab Clinic as soon as possible. Our Doctors of Chiropractic have the necessary experience to file these types of claims which are quite different than proving traumatic injury claims and require more elaborate evidence. The main part of the stress claim, the medical evidence, cannot be relied upon as proof until it is firmly established that the stressful reaction did in fact arise from the performance of federal duties.
Important Federal & State Stress Claim Information
There are many important pieces when filing an occupational stress claim if it is to be accepted and processed. For an emotional stress condition, or stress claim, to be covered under federal law, the disability must result from an employee's emotional reaction to his/her regular or specially assigned work duties or to a requirement imposed by the employment. To establish an emotional stress condition causally related to factors of one's federal employment, it is necessary to submit:
- factual evidence identifying and supporting employment factors or incidents alleged to have caused or contributed to his condition
- rationalized medical evidence establishing that he/she has an emotional condition orpsychiatric disorder
- rationalized medical opinion evidence establishing that his emotional condition is causally related to the identified compensable factor of employment
Because emotional claims are subjective in nature, statements from an employee that stressful event occurred are considered to be only "perceptions". Personal perceptions alone are insufficient to establish that an employment - related emotional condition occurred. In order to turn a personal perception into facts, an employee must submit corroborating or substantiating evidence, which must be specific as to time and circumstance. General allegations of perceived harassment, abuse or stresses arising in employment situations are not sufficient for coverage. If a claimant does not have either witness statements or documentation supporting that the alleged stress occurred, in all likelihood the claim will be denied. To make matters even more difficult, co-employees who have personal knowledge of the circumstances underlying a stress claim are understandably reluctant to come forward to lend a claimant assistance by providing a written statement about the stressful event. The reason is obvious - they have witnessed first hand what the claimant has gone through and they want no part of it. For these reasons, if a co-employee volunteers to give a written statement, obtain it without delay knowing that it may not be available for long. If witness statements cannot be obtained, then any type of other reliable documentation that establishes the claimant's perceptions can be used as substantiation for the allegations.
If you need help completing and filing a Federal or State Stress Claim, contact your nearest All Injury Rehab Clinic today.