Is Work-related Stress a Ground for Filing a Workers' Compensation Claim?

Work-related stress is quite ubiquitous that the majority of workers consider it as a norm. Nevertheless, if your existing psychological condition or stress disorder is as a result of the conditions at your place of work, then you may be eligible for a workers' compensation claim. Qualifying work factors may comprise of abusive supervisors or an inhospitable work environment. Read on.

Proof

Stress-related compensation claims are entirely different from your typical work-related injury claim. The loss of a limb or a broken arm related to a factory accident is an incident that employers and their insurance providers may expect.

However, stress-related claims are not thought of in the same breath. This is because they are psychological, neither neurological nor orthopaedic. Consequently, they are hard to prove on the part of the petitioner.

To win a stress-related compensation claim, your attorney will have to prove any of the following factors:

1.  The work-related stress led to permanent impairment.

For example, an employee may suffer post-traumatic stress caused by sexual harassment at the workplace which can seriously affect the employee's ability to continue working in daily life. Proving that the stress disorder or other illnesses related to stress may hinder you from continuing to work may be challenging but possible with the legal assistance of a compensation lawyer.

2.  The stress was work-related

For example, your employer insults you, assigns you unworkable deadlines, and reprimands you in front of your workmates, all these leading to depression.

3.  The stress is beyond normal levels

The majority of jobs are characterised by some degree of stress which might be reasonable. However, it becomes a problem when the stress is too much and unrelenting. This occurs when the job demands are unreasonable in comparison with the demands placed upon other people doing similar work. The adverse effects include mental health problems such as depression and anxiety as well as poor physical health.

Document stress directly linked to your work

If you're the victim of too much stress at work and the effects are being manifested in the form of emotional problems such as depression and anxiety, you should first speak to your supervisor or the HR department and submit a formal report. You want to document your work situation plus the difficulties you're experiencing.  

If you wish to file a stress-related workers' compensation claim in future, this documentation could help your compensation lawyer prove the cause of your psychological problems.

About Me

Human Resources: How to Hire and Fire

Hello, my name is James. I own a medium-sized company. When I first started out, it was just me and my tools. However, as the company became more successful, I had to start hiring other people. At first, most of the people who came to work for me were old friends, so I didn't worry about contracts. We just shook hands and had a beer. This worked fine until I had a dispute over pay with one of my employees. I got in touch with an HR consultant who helped me to put the correct HR procedures in place to protect myself and my business. I decided to start this blog to advise others about how to hire and fire staff.

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