Business owners operating in California know very well that mental stress is not only compensable as a workplace injury/illness, but it is a very common complaint amongst employees there. In fact, there are several states that provide for worker’s compensation coverage for mental stress under certain conditions. It is important that business owners learn how claims of mental stress affect them and how to put in place workplace policies and safety measures than can help reduce the risk of exposing employees to mental stress in the workplace. And for those instances that are unavoidable, it’s important to understand what immediate steps should be taken if an incident occurs in order to provide the best care for the affected employee(s) and avoid lengthy legal battles.
As an example of one such state, let’s take a look at Texas. Recently, a female prison guard at the Texas Department of Criminal Justice (TDCJ) witnessed one inmate stab and kill another inmate. The attack occurred when the inmates were moving from one lock-down area to another, and were in a confined space together. She was unable to lend assistance due to TDCJ workplace policies, which forbade her from opening the door to the area where the attack was taking place. Filled with guilt and anxiety at having to witness the murder and not being able to take action, she filed a worker’s comp claim. The State Office of Risk Management contested the claim stating that her job exposed her to violence on a regular basis. Nevertheless, The Texas Workers’ Compensation Commission awarded the guard $50,717. What was this decision based upon?
Mental stress caused by multiple stressors over an extended period of time and which could be reasonably expected in a specific job or work environment is not compensable in Texas. However, a mental injury caused by a particular event, such as watching a co-worker or client be attacked and murdered, is compensable. The female guard did not witness such incidents on a regular basis. Her job was working in a control booth, opening and closing doors between sections. The guard witnessed a specific unforeseeable event which, based on her normal job duties, was not part of her normal risk exposure.
Employers must review their risk factors in the workplace on a continuous basis and establish guidelines and procedures for handling unforeseen emergencies. Having such policies as a Drug-free Workplace, No Weapons on Premise Policy and conducting training on handling disasters of all kinds is a key to prevention and preparation for the unexpected. In addition, comprehensive job descriptions, which outline daily, weekly, and monthly duties, the level and type of interaction with other internal employees and external customers or vendors, working environment and conditions, and other key aspects of an employee’s job, are critical in presenting a case for supporting or denying mental stress claims.
If you are lacking comprehensive and current job descriptions or workplace policies and safety measures, The Galatas Group is prepared to assist you in auditing your workplace risk factors and advising on appropriate mitigation measures.
Contact us at 972-821-7971, by email at info@thegalatasgroup.com or at our website for additional workplace employee relations assistance.
Is Mental Trauma Compensable as a Workplace Injury by The Galatas Group
