Stress is one of the most common problems among workers. It can cause many health problems and can even lead to death or disability. Workers’ comp insurance is designed to safeguard the well-being of employees. This includes both physical and mental well-being. Workers’ compensation coverage is beneficial for both employers and employees. It gives financial assistance to the employer against the legal liabilities arising from workers’ compensation claims. Workers can claim compensation for injuries, death, illness, damage, and disability they suffer while performing their duties at the workplace. Similar to the injuries resulting from workplace-related accidents, workers’ comp insurance provides coverage for the loss or damage resulting from work-related stress. Let us understand more about worker’s compensation coverage for work-related stress.
How Worker Compensation Coverage Applies to Work-Related Stress?
Generally, workers’ comp insurance provides coverage for the following circumstances that occur to the worker while performing the job at the workplace:
- Physical injury
- Death
- Occupational illness as defined under the provisions of the Workmen Compensation Act, of 1923.
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability.
Most of these circumstances typically are the result of unforeseen accidents at work or due to hazardous work nature. However, workers’ comp insurance also honours worker compensation claims arising due to work-related stress that results in death or disability. Following are the circumstances in which work-related stress is covered under workers comp insurance:
Death
Work-related stress accelerated the chances of death. A strenuous job nature can cause chronic mental stress. This can lead to heart attacks and critical illnesses. Heart attacks are one of the most common causes of mortality in India now.
As per the provisions of the Workmen Compensation Act, of 1923, it is not necessary to prove the direct connection between the nature of the job and the cause of death for the entitlement of workers’ compensation. The worker can claim compensation even if there is a causal connection between the strenuous nature of the job and the cause of death.
Disability
Work-related stress also increases the reasons for disabilities among workers. Chronic stress can cause paralysis, brain stroke, and many neurological problems that can lead to disability. However, it is important to establish the connection between the circumstances and the job-related stress. It is important for workers to demonstrate that work-related stress has caused impairment or disablement significantly.
Worker Compensation Claims for Work-Related Stress
As chronic stress is of a subjective nature, demonstrating the connection between work-related chronic stress and death or disablement is quite challenging. Though workers’ comp insurance is a no-fault policy, the worker compensation claim related to work stress may not get honoured for various claim denial reasons. Basically, employers may easily dispute the worker compensation claims raised for work-related than that of workplace injury claims.
Here are some simple tips to avoid denial of workers’ compensation claims for work-related stress:
- Support your workers’ comp insurance claim with relevant documents. Maintain a record of documents such as medical reports that can show stress is the reason for death/impairment/disablement.
- Consult a medical professional and get your health evaluated. This can establish a link between affected worker’s loss and work-related stress.
- Follow the process of the claim as advised by the insurance company and provide all the necessary documents to avoid any hassles at the time of processing of claim.
Conclusion
To sum up, it is important to understand that workers’ compensation claims for work-related stress are more complex and challenging as compared to workplace injury claims. There needs to be substantial evidence to establish the link between stress and the claim circumstances as the employer can dispute the claim. Also, the insurance company may also reject the claim on the grounds of validity of the claim. One can also seek legal advice for easy navigation of such claims.
