EMOTIONAL STRESS: IS IT COVERED?

With layoffs, hiring freezes and frozen wages, workers are under more stress today. When does normal stress become mental injury? Does workers' comp cover stress and mental injury?

"My job is driving me crazy!" That's a phrase you're more likely to hear these days. Can a job really drive you crazy, and would it be covered by workers' comp? That depends.

Here's an example: Susan is an accountant in a company that is planning to go public. This requires a lot of financial reporting, and Susan has been working 12-hour days, six days a week for several months. At the same time, she is going through a divorce and a custody battle. Susan's supervisor has not been sympathetic about her personal problems. One day Susan finds herself unable to get out of bed. She is physically and emotionally exhausted and blames her intense work schedule.

Susan may or may not have a workers' comp mental injury claim, depending on where she lives. Each state has its own rules and regulations regarding emotional stress claims. In California, regulations dictate that the job must account for at least 51 percent of the stress in order to be covered. Susan's case would be open for debate.

WORKPLACE TRAUMA

If a traumatic or violent event happens at work, employees who suffer immediate emotional stress may have claims that would be denied under normal work conditions. Some state regulations explicitly address violence, and in other states, court rulings have established precedents for dealing with violent acts.

STRESS CAUSES INJURIES

Whether an employee's stress is caused by workplace problems or personal ones, his or her performance at work may suffer. Stressed-out office employees lose effectiveness, and blue collar workers become more prone to injuries when they feel tired or stressed, leading to more bodily injury claims, lost time and higher comp rates.

Whether or not an employee can file a claim, employers should attempt to create a work environment that minimizes employees' stress. Senior managers should monitor frontline supervisors to make sure they are not placing undue stress on subordinates.

EMPLOYEE ASSISTANCE

Many organizations have employee assistance programs (EAPs) to help workers deal with emotional and psychological problems that may or may not be work-related. According to one EAP provider, ESI, every year 20 percent of employees have a major personal problem that results in an average of three weeks of lost productivity.

Companies usually hire an outside firm to handle their EAP. The EAP vendor has the specialization needed to efficiently provide counseling and referrals on a broad range of problems including substance abuse, financial problems, family conflicts, work/life balance and emotional stress. An EAP can also provide a wall of confidentiality, which gives employees confidence that the employer will not be privy to their personal problems.

HANDLING A STRESS CLAIM

If one of your employees files a stress or mental injury workers' compensation claim, treat it with the same professionalism as you would any other comp claim and follow your information-gathering procedures. With a stress claim, the employee's overall mental health and his or her personal life may become relevant. This is a sensitive area that your workers' compensation insurer should handle. For more information on avoiding or handling mental stress claims, please contact the PCOC Insurance Program Department at Jenkins Insurance Services at (800) 234-6363.

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