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What Is California Labor Code §3208.3 — the Mental Stress / Psychiatric Injury Standard?
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
(d) Notwithstanding any other provision of this division, no compensation shall be paid pursuant to this division for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months. The six months of employment need not be continuous. This subdivision shall not apply if the psychiatric injury is caused by a sudden and extraordinary employment condition.
What does California Labor Code §3208.3 require for a psychiatric injury claim?
Section 3208.3 requires that work be the predominant cause, more than 50%, of a California psychiatric injury before any comp benefit is owed.
Section 3208.3 is California's strict rule for psychiatric workers' compensation claims, requiring that work be the predominant cause of the injury, imposing a six-month employment threshold, and limiting recovery when the injury traces to a lawful personnel action. The bar is higher than for physical injuries. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) builds the medical-legal record that meets section 3208.3 on every psychiatric file in the practice.
Under California Labor Code §3208.3, a California worker bringing a workers' compensation claim for psychiatric injury must prove that the employment was the predominant cause of the condition, generally meaning that work was responsible for more than 50% of all causes combined. The standard is higher than the standard for a physical injury claim under California Labor Code §3600, California's no-fault liability anchor, where any work-related cause is sufficient. The rule was adopted in 1993 and has been strictly enforced since.
What is the §3208.3 predominant-cause standard, and how is it proved?
The predominant-cause standard is proved through a qualified psychiatric evaluator's report comparing work stressors to every other cause in the worker's life.
Under California Labor Code §3208.3, the California worker must show that actual events of employment caused more than 50% of the psychiatric condition, measured against all causes combined, including pre-existing mental health conditions, family stressors, and other non-industrial factors. The proof typically comes through a Qualified Medical Evaluator under California Labor Code §4062.2 or an Agreed Medical Evaluator, who reviews the worker's psychiatric history and assigns percentage causation to each contributing factor.
What is the §3208.3 six-month employment requirement?
The six-month employment requirement bars most psychiatric claims for workers who are fired or quit within six months of hire unless a violent act is involved.
Under California Labor Code §3208.3, a California psychiatric injury claim generally requires the worker to have been employed for at least six months with the employer at the time of the alleged workplace stressors. The minimum is waived in two California circumstances: when the psychiatric injury results from a sudden and extraordinary employment event (a robbery, a violent assault, witnessing a death), and when the worker's employment is shorter due to no fault of the worker.
What is the §3208.3 personnel-action defense?
The personnel-action defense bars claims arising entirely from lawful supervisory decisions, discipline, demotion, termination, even if those actions caused the psychiatric injury.
Under California Labor Code §3208.3, a California psychiatric injury claim caused by a "good-faith personnel action", termination, performance review, disciplinary action, demotion, is not compensable even if work was the predominant cause. The California employer must show the personnel action was actually taken in good faith and was a substantial cause of the injury. The defense does not foreclose claims based on harassment, hostile work environment, or events beyond the personnel action itself.
What is the §3208.3 standard for a PTSD or violent-event California claim?
The violent-event exception lets a worker bypass the six-month rule when the psychiatric injury arose from a sudden, extraordinary, frightening event in the course of work.
Under California Labor Code §3208.3, a California psychiatric claim based on a violent act of which the worker was a direct victim or witness, robbery, assault, witnessing a coworker's serious injury, on-duty officer shooting, is subject to a lower threshold. The worker must show actual events of employment were a substantial cause (a percentage causation analysis still applies), and the personnel-action defense generally does not foreclose the claim. The lower threshold recognizes that PTSD from a single workplace trauma differs from cumulative workplace-stress claims.
Per the DWC's 2025 quarterly indicators, the IMR program processed approximately 41,000 medical-treatment appeals per quarter in early 2025 (DWC Independent Medical Review Annual Report 2025), and the §4610.5 IMR overturn rate stayed in the 8-10% range, meaning the UR denial sticks roughly 9 out of 10 times.
Related reading: California pillar guide · §4062.2 explainer.
Related on yazdchilaw.com: California workers' compensation lawyer pillar · California Labor Code §4658.7 explained · California Labor Code §3212.15 explained · workers' comp for mental-health claims in California.
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Tap to call →Frequently Asked Questions
Can a California worker file a workers' comp claim for work stress or depression?
Yes, but the California standard under California Labor Code §3208.3 is higher than for a physical injury. The worker must show that the employment was the predominant cause, generally more than 50% of all causes combined, including pre-existing mental health conditions, family stressors, and financial pressures. The proof typically comes through a Qualified Medical Evaluator under California Labor Code §4062.2 who reviews the worker's psychiatric history and assigns percentage causation to each factor.
What is the California §3208.3 predominant-cause standard?
Under California Labor Code §3208.3, a California psychiatric injury must be predominantly caused by work, more than 50% of all causes combined. The standard is higher than the standard for physical injury under California Labor Code §3600, which requires only some work-related cause. The California predominant-cause test is measured against all contributors to the psychiatric condition, including non-industrial causes like family or financial stressors, prior psychiatric history, and substance use. A QME or AME percentage-causation analysis is essential evidence under §3208.3.
Does §3208.3 require six months of employment for a California psychiatric claim?
Yes, under California Labor Code §3208.3, a California psychiatric injury claim generally requires at least six months of employment at the time of the alleged workplace stressors. The six-month minimum is waived when the psychiatric injury results from a sudden and extraordinary employment event (a robbery, a violent assault, witnessing a death) or when employment was shorter due to no fault of the worker. The requirement filters out claims where the workplace exposure was too brief to be predominant.
Can a California psychiatric claim survive a personnel-action defense?
Under California Labor Code §3208.3, a California psychiatric injury claim caused by a "good-faith personnel action", termination, performance review, disciplinary action, demotion, is generally not compensable even when work was the predominant cause. The employer must prove the personnel action was actually in good faith and was a substantial cause of the injury. The defense does not foreclose claims based on harassment or hostile work environment, and a California §3208.3 claim built on those grounds can survive.
What is the California §3208.3 standard for PTSD from a workplace violent event?
Under California Labor Code §3208.3, a California psychiatric claim based on a violent act of which the worker was a direct victim or witness, robbery, assault, witnessing a coworker's serious injury, on-duty officer shooting, is subject to a lower threshold. The worker must show actual events of employment were a substantial cause (a percentage causation analysis still applies), and the personnel-action defense generally does not foreclose the claim. The lower California threshold recognizes that PTSD from a single workplace trauma differs from cumulative workplace-stress claims.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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