In recent years, there’s been a profound shift in how we perceive illnesses, extending beyond just physical ailments to include mental health issues. This growing awareness emphasizes the importance of mental health care and effective treatment for mental health disorders.
However, according to a seasoned California workers’ compensation attorney, establishing a link between work and a mental health condition can be challenging. While California workers’ compensation law acknowledges psychiatric injuries, there’s a stringent threshold to prove that a mental health problem, stress-related physical illness, or another psychiatric issue stems from a workplace illness or injury.
Insights from the California Department of Industrial Relations (DIR)
An article by the California Department of Industrial Relations (DIR) offers guidance on potential work-related triggers of psychiatric injuries. Although the article doesn’t explicitly suggest that these employer actions will result in workers’ compensation liability, it highlights the types of actions, or lack thereof, by an employer that might lead to psychiatric injury. Potential workplace stressors include:
- Absence of critical incident debriefings and training immediately following a traumatic, violent, or terrifying event.
- Not providing post-trauma support groups and individual counseling after such events.
- Lack of effective communication with employees via newsletters, staff meetings, and direct supervisor-employee interactions during workplace changes.
- Not establishing internal complaint procedures and informal dispute resolution systems, which give employees a platform for voicing their concerns and proposing ways to enhance productivity while reducing stress.
- Failure to manage job-related injury cases effectively, thereby allowing physical injuries to lead to psychiatric stress injuries.
- Inadequate handling of employees with pre-existing mental problems or stress issues that may be exacerbated at work.
- Neglect in providing support for injured workers undergoing modified duty adjustments and rehabilitation.
- Not implementing confidential employee assistance programs that recognize the connection between work and family problems and failing to encourage stressed employees to seek help.
- Presence of managers and supervisors lacking proper training on effective supervision.
- Not providing workers with the resources and authority needed to fulfill their responsibilities.
- Setting unrealistic goals for workers.
- Not offering employees a chance to contribute to decisions impacting their jobs.
- Neglecting to monitor and document workers’ performance.
- Failing to acknowledge and reward good job performance.
- Lack of effort to resolve employee conflicts successfully.
- Not maintaining confidentiality in the workplace.
- Failing to refer employees appropriately to assistance programs.
- Non-compliance with legal prohibitions against any form of sexual harassment or discrimination.
- Not advising workers about potential support systems such as Employee Assistance Programs, Ombudsperson, Family Counselors, Union Representatives, Support Groups, and other confidential resources.
These represent just a few ways that workplace stress might result in psychiatric injury. If you suffer such an injury due to job-related stress, you could potentially file a workers’ compensation claim. A competent California workers’ compensation attorney can work with you to evaluate whether filing a claim based on your specific case facts is feasible.
At PLBH, we provide representation for clients suffering from a variety of injuries and illnesses, helping them navigate the complex terrain of the workers’ compensation system. Reach out to us today at (800) 435-7542 to schedule a consultation with an experienced California workers’ compensation attorney.