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WORKER'S COMPENSATION LAWS ⁴⁴

 

Workers' compensation laws are state laws. Since they vary between states, there are no exact unifying requirements for eligibility. Generally, the laws require an employer to insure or self-insure in order to make payments for all medical and rehabilitation expenses resulting from an on-the-job injury or job-related sickness.

Most workers' compensation claims are filed as a result of a physical injury. However, there are three types of mental claims, also known as stress claims, that can be filed under worker's compensation:

* A physical-mental claim describes a compensable physical condition that leads to a mental condition or disability.

* A mental-physical claim describes mental stress that results in a physical condition.

* A mental-mental claim describes mental stress that leads to a mental condition or disability.

All states in the U.S. compensate for physical-mental and mental-physical claims. Mental-mental claims are not compensated for in eleven states. The remaining states either have standards which vary within the state or have not set a judicial precedent for mental-mental claims.

Disputes concerning the extent of an injury or whether an injury or medical condition occurred on or off the job are heard by workers' compensation claims offices or, in some states, in court. Job-related mental health illnesses, as in the case of depression, are difficult to prove. However, workers' compensation claims for on-the-job stress related mental health conditions (i.e. clinical depression) are increasing.⁴⁵ According to the Director of the National Institute of Occupational Health and Safety (NIOSH), Linda Rosenstock, M.D., M.P.H.:⁴⁶

 

"The U.S. workplace has changed dramatically in the past decade and promises to continue to do so. With this transformation have come unprecedented demands on businesses and workers and the emergence of work stress as a significant occupational and public health concern.

The global economy is putting more pressure on businesses, which, in turn, put increased pressure on their employees. We need to develop strategies and processes that will value and protect worker health and well-being, help women and men be effective at their jobs and enhance organizational productivity."

Disability under Workers' Compensation and the ADA ⁴⁷  

An individual who has received disability benefits under workers' compensation is not covered by the ADA unless the person has sustained a mental or physical impairment that substantially limits a major life activity. In many cases, the definition of disability under state workers' compensation laws differs from the definition under the ADA because state laws serve a different purpose. Workers' compensation laws are designed to provide needed assistance to workers who suffer many kinds of injuries including job-related depression, whereas the ADA's purpose is to protect people from discrimination on the basis of a disability.

IMPACT OF LEGISLATIVE FRAMEWORK ON POLICY IN THE WORKPLACE

Major laws and regulations applicable to businesses and employers can create problems in compliance. However, a comprehensive review of the