Often the first thing that springs to mind when mentioning workplace safety and injury is physical danger. But what about dangers to the psychological well-being of employees? BLR® Legal Editor Jasmin Rojas, JD, has some advice for businesses on this oft-overlooked issue.
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As an employer, it is your responsibility to provide a safe work environment for all employees, free from any hazards and complying with all state and federal laws. Health and safety in the workplace is about preventing work-related injury and disease. Many workers’ compensation programs are designed to reward employers for proactively implementing safety programs that reduce the potential for physical injuries. Thus, employers invest in designing an environment that promotes physical well-being for everyone at work.
But, what about psychiatric injuries at work? Are you addressing those? Even though they are often an afterthought, there is no doubt that psychiatric stress cases can be costly, often involving expensive litigation. First, unlike physical claims, they are difficult to prove (or disprove). Furthermore, the costs of providing treatment, evaluation, and compensation can be extremely high, not to mention the costs associated with lost productivity. Therefore, this is an area that employers cannot afford to overlook!
62 million Americans experience a mental health issue every year…and some of them work for you. Do your HR activities and policies comply with the laws protecting them? Learn More
How Are Psychological Injuries Different From Physical Ones?
While the majority of workers’ compensation claims involve claims for physical conditions, a significant number of cases are based on mental or psychological injuries. Indeed, the majority of states recognize that like physical ones, psychological injuries should, to some degree, be covered by workers’ compensation.
Mental workers’ compensation cases traditionally fall into one of three categories: physical/mental, mental/physical, or mental/mental claims. A physical/mental claim is a psychological injury that results from a physical injury or an occupational disease. An example of this type of claim is a worker developing Post Traumatic Stress Disorder as a result of becoming injured by a severe work accident.
A mental/physical claim is a psychological workplace injury that results in a disabling physical condition. An example of these types of injuries is a sudden noise or flash at the worksite that results in paralysis or a heart attack.
A mental/mental claim involves a psychological occurrence while working, leading to a psychological injury or condition. These are otherwise referred to as “pure stress” claims. An example of such a claim would be an incident where an employee who witnesses a horrific workplace accident later develops a fear of operating the same equipment on which the coworker was injured.
Employers are encouraged to check with their state laws regarding what types of mental injuries are covered by their state laws.
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Don’t Have a Crystal Ball? No Problem!
Obviously, an employer cannot foresee all of the incidents that may lead to a mental illness workers’ compensation claim. However, like a physical injury, there are steps that an employer may take, regardless of the status of its state law, to reduce or avoid psychological injuries.
Responding to trauma at work. Many employers are ill prepared to handle traumatic events. Yet these events do occur in our workplaces. How do you help your employees recover from such an event, so that they will not suffer long-term effects as a result of trauma? How do you get your staff moving again? Quite simply, preparation helps.
For victims of traumatic, violent, or frightening events, it is important to provide support to all of the affected staff as soon as possible after the incident. Your caring presence can mean a great deal. Therefore, it is critical to let all employees know that you are concerned and doing all you can to help them.
Employers, at a minimum, can refer employees to a post-trauma support group and individual counseling. Employers may also want to explore enlisting the services of their Employee Assistance Program (EAP) or another professional.
Handling stressful work environments. Employers can reduce workplace stress by making employees feel valued. First, employers should appear to be accessible to their workers. This can be achieved by soliciting input from employees, both formally and informally, about ways to make the work environment more productive and less stressful.
A key to this goal is to ensure effective communication with employees. This includes using available resources, such as newsletters, staff meetings, and communication from supervisors to workers. It is also important to provide employees with an outlet to have their concerns addressed. Accordingly, employers should make sure that they have effective internal complaint procedures and some sort of informal dispute resolution system.
In tomorrow’s Advisor, more tips from Rojas on preventing psychiatric injuries in the workplace, plus an introduction to the timely new online information service from BLR®, HR & Mental Health.