If you make a claim for workers compensation for a psychological injury and you are found to have a whole person impairment by an approved medical specialist, usually a Psychiatrist, of not less than 15% then you will have the choice to elect to sue your employer for damages in a common law claim regarding the psychological injury.
You must elect to pursue common law damages regarding a psychological injury before the termination date which is generally one year from the date a claim for workers compensation is made (though it can be extended for an additional year).
Pursuing a common law claims psychological injury action is often very difficult and there are usually complex issues regarding pre-existing conditions, the circumstances in which the injury was sustained and the extent of any damages including pain and suffering, the need for medical treatment and economic loss.