The question of whether workers’ comp claims for harassing phone calls are covered is increasingly relevant in today’s evolving workplace. With more employees working remotely or staying digitally connected after hours, exposure to harassment—even via phone—has become a pressing concern.
But can such experiences be considered valid under a workers compensation claim? The answer lies in a detailed understanding of workers compensation law, case-specific circumstances, and the protections afforded under both state and federal law.
Understanding Workers Compensation and Its Scope
Workers compensation is a state-mandated system designed to provide benefits to injured workers who suffer work-related injuries or illnesses. It typically covers medical care, lost wages, temporary disability, and permanent disability benefits stemming from a job injury.
In California, for example, California’s workers compensation system is governed by the California Labor Code and is administered by the Division of Workers’ Compensation (DWC), a branch of the Department of Industrial Relations.
To start a workers comp claim, the employee must provide written notice to the employer and submit a workers compensation claim form, which is reviewed by the employer’s insurance company and claims administrator.
However, when it comes to emotional or psychological injuries—such as those resulting from workplace harassment, including harassing phone calls—proving eligibility for workers compensation benefits becomes more complex.
Workers’ Comp Claims for Harassing Phone Calls: Are They Covered?
The key to determining whether harassing phone calls fall under workers comp is whether the calls are directly tied to the employee’s job duties, work environment, or a workplace injury.
If the calls are job-related, cause a recognized medical condition (such as anxiety or PTSD), and are substantiated by a treating physician or qualified medical examiner, there may be grounds for a legitimate workers compensation claim.
Workers compensation insurance typically covers mental and emotional injuries only when they are directly related to employment. So, if the harassing phone calls were made by a supervisor, coworker, or customer as part of job-related interactions, the affected employee may be able to receive workers compensation benefits.
When Harassment Crosses the Line
Workplace harassment, especially involving unwanted sexual advances, offensive jokes, or pressure for sexual favors, can have serious consequences. When such behavior escalates through repeated harassing phone calls, it may result in disability caused by emotional trauma.
In such cases, an employee may be eligible for:
- Temporary disability benefits if they cannot work for a limited time
- Permanent disability benefits if they have a lasting emotional or psychological impairment
- Future medical treatment if ongoing therapy or medication is needed
California’s system also allows permanent disability ratings to include psychiatric conditions if properly documented. So, do not think about how much a harassment lawyer costs, and hire them for help.
Workers Compensation vs. Employment Law
Not all incidents fall squarely under workers compensation law. Harassment tied to workplace discrimination based on national origin, sex, or disability may also fall under employment law, which addresses broader civil rights issues.
An employee who is treated unfairly, faces discriminatory action, or is wrongfully terminated due to reporting harassment may have legal claims beyond workers comp—including under disability discrimination laws.
Employees should also be aware that workers compensation is typically the exclusive remedy for workplace injuries. However, in cases of illegal conduct—like unwanted sexual advances or behavior outside the scope of normal job functions—employees may pursue additional civil claims for damages.
When Employers Fail to Act
If an employer discriminates, fails to authorize medical treatment, or dismisses the seriousness of harassing phone calls, the worker can report discrimination to a state agency like the California Department of Fair Employment and Housing (DFEH) or seek help from a workers compensation judge.
Such bodies ensure that employers uphold their obligations under both labor standards enforcement rules and anti-discrimination statutes.
The claims administrator may also reject a claim if they find insufficient proof that the harassment led to a recognized medical condition. This is why obtaining evaluations from a treating doctor and possibly a qualified medical examiner is critical.
Federal Employees and Harassment Claims
For federal employees, harassment claims and workers compensation are handled differently. The Federal Employees’ Compensation Act (FECA) governs these cases, providing compensation for personal injuries sustained in the performance of duty.
If federal agency employees experience harassing phone calls as part of their work, and it leads to a medical diagnosis, they may qualify for benefits through FECA.
That said, federal claims are often scrutinized more closely. Workers must prove the harassment occurred in the scope of employment and resulted in a real impairment.
What About Independent Contractors?
Independent contractors typically are not covered under workers compensation unless specifically included in a collective bargaining agreement or local law.
Therefore, contractors who suffer emotional harm due to harassing phone calls will likely need to pursue compensation through civil litigation, not the workers compensation system.
Still, misclassification is common. If an independent contractor is in fact functioning like an employee—working set hours, under supervision, and performing tasks integral to the business—they may be entitled to workers compensation benefits under state law.
Special Considerations in California
Under the California Labor Code, claims for psychiatric or emotional injury require stringent proof. The worker must demonstrate:
- That the condition resulted from actual events of employment
- That the employee worked for the employer for at least six months (unless the injury resulted from a sudden, extraordinary event)
- That the injury wasn’t caused solely by a lawful, good-faith personnel action (such as being written up or reassigned)
These rules aim to protect the system from fraudulent claims, but can make it harder for real victims of harassing phone calls to get justice.
Light Duty, Restrictions, and Return to Work
If a worker recovering from emotional trauma caused by workplace harassment is cleared to return to light duty, the employer must provide modified job duties within the employee’s work restrictions. Failing to do so can open the door to additional liability or even claims of wrongful termination.
Employees may also be entitled to temporary total disability if no light-duty work is available. In other cases to a lump sum payment is made if their condition is considered permanent and stable but disabling.
The Role of the Treating Physician
The treating physician or treating doctor plays a central role in validating mental health claims. They must connect the worker’s condition to the workplace incident. In this case, harassing phone calls—and outline necessary medical treatment.
They may also recommend future medical care or suggest skill-based rehabilitation or skill enhancement as part of recovery.
The physician’s diagnosis and medical reports can make or break a claim. This applies especially when reviewed by the workers compensation judge. In some other cases, it can be during settlement negotiations.
Living Expenses and Financial Impact
While workers comp doesn’t cover every expense, temporary disability benefits and permanent disability payments help workers manage their living expenses during recovery. These payments replace a portion of lost income, providing critical support when the worker is unable to work.
If the employee has suffered wage loss due to stress-related leave, lost wages become part of the compensation formula. In some cases, additional services like therapy, medication, and psychiatric evaluation are also covered.
Protecting Your Legal Rights
If you believe that you are eligible to file a workers compensation claim due to harassing phone calls, consult with a workers compensation attorney or employment law professional. Legal experts can help navigate the workers compensation system, advise on proper documentation, and ensure that your legal rights are protected throughout the process.
Victims may also be entitled to a free consultation through local assistance units, legal aid, or union representatives. Taking prompt action improves the likelihood of getting approved for benefits and holding the responsible parties accountable.
Final Thoughts
Though not every case of harassing phone calls qualifies under traditional workers compensation, the law does recognize such incidents. It accepts that emotional and psychological injuries can result from hostile or unsafe working conditions. If these calls are job-related, they may be compensable under workers compensation law.
Understanding your rights, properly filing your claim form, and consulting with experts are all crucial steps. They can help ensure that you get the support and care you deserve.
Whether you’re dealing with discriminatory action, workplace harassment, or emotional injuries, get help. We help with harassing phone calls and the path to recovery and justice. It begins with knowing the law and standing up for your health and dignity.
Get Trusted Legal Support
If you’ve experienced harassment, emotional trauma, or unfair treatment at work, we are here to help. Even if you are unsure whether you qualify for workers compensation benefits, or not. Don’t navigate the system alone. The Bourassa Law Group has years of experience representing injured and mistreated employees. We help you under California’s workers compensation system and employment law protections.
Our team will help you understand your rights, evaluate whether your condition is covered or not. We will also help fight for the compensation you deserve. From temporary disability benefits to future medical care and lost wages, we cover it all. Our employment lawyers are committed to securing justice for workers across all industries.
Contact Bourassa Law Group today for a free consultation. Let us help you file your workers comp claim with confidence and ensure your voice is heard.
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