Stress and Worker's Comp

Paul in Cannon Beach

One of our manager's has been on FMLA leave for 8 weeks and has run out of paid leave and will run out of FMLA leave in a few weeks.

Lately, she is complaining alot about our computer network and the "stress" its causing her. She is connecting the stress to her health problems. My concern is that she is trying to make this a worker's comp issue because she knows she is running out of FMLA leave.

Any comments or suggestions? Anyone experienced with stress and worker's comp?

Paul

System

It all depends on your state's workers' comp law. If you're an Employment Law Letter subscriber, you can search the articles and statutes in the subscribers' area of this website.

In general, I think states make it hard for employees to get benefits for mental or emotional injuries except in unusual situations, like the stress of being a police officer or post-traumatic stress after a bad accident.

James Sokolowski
HRhero.com

Whatever

My theory on all these things is when in doubt file with the workers' comp. carrier. In NY, you are allowed (for a reduced premium) to require your ees to use the wc carrier's HMO. It can cost the company as far as reserves go. However, if this is a workers' comp claim and the company has not reported to the carrier, it can become very expensive.

Down_the_Middle

Paul:
As you know, it depends on your particular state. Of the 6 states that I've previously worked in, none of them viewed stress as a compensable w/comp injury. Illinois, however, DOES view it as such, IF the employee can show that the employment activities created a higher than normal degree of stress. The definition is not easily satisfied, but there are some unusual cases I'm learning about. For what it's worth...... The advice about letting the employee file a claim is probably valid.......being mindful of your obligation to avoid retaliation once the claim is received.

Paul in Cannon Beach

What our Workers Comp rep is telling me is that there are four criteria for a stress related claim.

- the mental disorder was produced by work conditions
- the stress was not "ordinary" work related stress
- there has been an actual diagnosis of an actual mental disorder
- there is clear and convincing evidence of a direct connection between the work stress and the mental disorder

If the employee, wants to file a claim, I wont object. I don't think the claim would meet these qualifications.

Paul

sonny

For what it is worth, I strongly agree.

Don D

Paul: As you know, it's not up to the employer to decide if a claim will fly or to decide if a condition is job related. That's what you pay a carrier for. In most states, comp is not a job protection statute, whereas FMLA is. In this state, persons on comp can be terminated in accordance with standard policies and procedures and comp offers them no protection in that regard. On a lighter note, show her "The Photo" and that will have a calming effect on her stress. The waves behind you in the photo should all but put her in a daze. x:-)