Brain Strain: Workplace Psychological Injury Compensation

Legal Talk Network - Law News and Legal Topics

Guest Michael C. Duff, professor at the St. Louis University School of Law, explores the evolving field of mental health injuries in the Workers’ Comp world.

Stress and workplace trauma is real, and recognition of these injuries is developing, but there are still complicating factors. Did workplace stress cause a heart attack, or was there underlying heart damage? What constitutes post-traumatic stress, and at what point did that stress occur on the job?

There’s a lot to unpack. Daily on-the-job stress versus something truly unusual at the workplace; cumulative versus traumatic stress; faking versus real injury; causation; and privacy (HIPAA) all factor into a decision regarding compensation.

We all know a broken arm when we see it. But understanding a damaged mind can be tricky. First responders, air traffic controllers, and factory workers all face stresses, but not all stress is the same. Hear how jurisdictions differ in their view of psychological injury Workers’ Comp claims.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [e-mail].

Mentioned in This Episode:

Agis v. Howard Johnson Co.

Previous Appearance on Workers Comp Matters, “For Every Wrong, A Remedy? When A Workplace Event Harms A Family”

Previous Appearance on Workers Comp Matters, “Presumptions in the Age of Covid-19”

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