Builders and Contractors Exchange
Weekly Bulletin: 26 Sept 2005
Workers' Compensation Claims For Psychological and Emotional Disorders
By: Brian Sykes
An employee who seeks workers' compensation benefits for a psychological or emotional disorder must prove that the disorder is causally related to the employee's job. In instances where the psychological disorder is due to a physical injury, the employee must show that the physical injury led to the emotional disorder. Generally, the employee must produce a medical report from his treating physician relating the emotional disorder to the compensable physical injury. However, the Workers' Compensation Commission can rely upon the employee's statements alone.
In instances where the employee did not suffer a physical injury, the employee must prove that the psychological disorder resulted from a sudden shock or fright. The sudden shock or fright must be out of the ordinary, "so dramatic or frightening as to shock the conscience." For instance, in a case in which the employee alleged emotional distress due to being traumatized by her employer in a verbal altercation, the Commission found that the employee was not entitled to benefits because she could not establish sudden shock or fright or a physical injury.
In cases of robbery, the Commission has ruled that the sudden shock or fright caused by the robbery can lead to emotional distress, entitling the traumatized employee to benefits for a psychological disorder. This is consistent with the Commission's ruling that the traumatic event is outside of the employee's ordinary activities.
In cases of depression, the Commission has ruled that if the depression arises due to cumulative exposure to stressful activities at work, there is no compensable event. Therefore, the employee is not entitled to compensation or medical treatment related to the depression. However, if the employee experiences depression as a result of a traumatic event, either physical or one causing sudden shock or fright, then the resulting depression will be found compensable.
Employers should require their employees to document all traumatic events at the time of the event, whether physical or not, to ensure that the employees do not raise issues well after an alleged event.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.