Article courtesy of SBAM Approved Partner AdvanceHR
Stress. Doctors know what it means and employees are learning fast. Stress is one of the fastest-growing causes of Workers’ Compensation claims in the country.
There are at least three types of mental stress that can be compensable Workers’ Comp claims:
1. Physical-mental claims – An employee sustains a physical injury from an accident at work, such as an object falling on him or her. The employee then develops emotional problems either from the extent of the injury or the duration of the recuperation period.
2. Mental-physical claims – An employee experiences a sudden or gradual emotional jolt that results in a physical injury, such as a heart attack. This is what is commonly referred to as “job stress” but it can take some unusual turns.
Example: A court awarded compensation to an employee who was awakened and told to return to his place of business. Upon arrival, he saw that the place was on fire, and suffered a heart attack.
3. Mental-mental claims – It is in this category that current interpretations of compensation laws break from the past. No physical injury is involved. States vary as to how their laws deal with mental-mental claims.
- Some states award compensation to an employee who sustains a gradual onset of stress resulting in mental injury. The stress itself need not be out of the ordinary.
- Some states award compensation only if the stress is found to be caused by unusual circumstances.
- Some states require that the mental condition or injury be caused by some sudden set of circumstances. No compensation would be awarded for gradual stress or stress from normal working conditions.
- Some states don’t recognize mental-mental claims.
It is the “gradual stress” category that can concern employers because it can be easily manipulated by employees. Also, it ignores the fact that life itself is often stressful.
Sometimes, a claim is a direct result of the relationship between employee and supervisor.
Example: A Wisconsin purchasing agent was awarded compensation for mental-mental stress. She suffered a mental breakdown attributed to harassment by her boss.
Even though there is wide interpretation of what constitutes compensable stress, there are precautions you can take to avoid certain trouble:
- Monitor employee workloads and make sure work is evenly distributed among employees.
- Discuss results of any performance monitoring with the employee and provide recommendations for future performance improvements.
- Recognize obvious stressful situations and do something about them to reduce the stress.
- Seek feedback from employees, and be responsive.
- Under all circumstances, avoid harassment.
Stress. Doctors know what it means and employees are learning fast. Stress is one of the fastest-growing causes of Workers’ Compensation claims in the country.
There are at least three types of mental stress that can be compensable Workers’ Comp claims:
1. Physical-mental claims – An employee sustains a physical injury from an accident at work, such as an object falling on him or her. The employee then develops emotional problems either from the extent of the injury or the duration of the recuperation period.
2. Mental-physical claims – An employee experiences a sudden or gradual emotional jolt that results in a physical injury, such as a heart attack. This is what is commonly referred to as “job stress” but it can take some unusual turns.
Example: A court awarded compensation to an employee who was awakened and told to return to his place of business. Upon arrival, he saw that the place was on fire, and suffered a heart attack.
3. Mental-mental claims – It is in this category that current interpretations of compensation laws break from the past. No physical injury is involved. States vary as to how their laws deal with mental-mental claims.
- Some states award compensation to an employee who sustains a gradual onset of stress resulting in mental injury. The stress itself need not be out of the ordinary.
- Some states award compensation only if the stress is found to be caused by unusual circumstances.
- Some states require that the mental condition or injury be caused by some sudden set of circumstances. No compensation would be awarded for gradual stress or stress from normal working conditions.
- Some states don’t recognize mental-mental claims.
It is the “gradual stress” category that can concern employers because it can be easily manipulated by employees. Also, it ignores the fact that life itself is often stressful.
Sometimes, a claim is a direct result of the relationship between employee and supervisor.
Example: A Wisconsin purchasing agent was awarded compensation for mental-mental stress. She suffered a mental breakdown attributed to harassment by her boss.
Even though there is wide interpretation of what constitutes compensable stress, there are precautions you can take to avoid certain trouble:
- Monitor employee workloads and make sure work is evenly distributed among employees.
- Discuss results of any performance monitoring with the employee and provide recommendations for future performance improvements.
- Recognize obvious stressful situations and do something about them to reduce the stress.
- Seek feedback from employees, and be responsive.
- Under all circumstances, avoid harassment.
Need workers’ compensation coverage? SBAM’s partner The Accident Fund can help.