Workers Comp??

[Disabled Vet]

Jurisdiction

Indiana

Question,

Lets say a under 21 college student works in a resturant. The owner/boss is always yelling at them. Calling them names, cussing and just making their life hell while at work. Lets say a (several) employees are not able to sleep, stressed to max, start shaking every time they enter the business. Could this be considered a workers comp claim if they seek mental health treatment?

Thanks

 

[adjusterjack]

Maybe. Stress claims are compensible under WC. They just aren't as cut and dried as an injury. Whether anyone's particular claim will get covered depends on the circumstances.

 

[hrforme]

stress claims are very hard to prove honestly.... here's one article about them, although it gives examples from NJ and Calfiornia, it does give a good overall idea on the type of evidence you would need to bring to the table: Stressed at Work? You Might Have a Workers Compensation Claim | Solo, Small Firm and General Practice Division

"Has the stress resulted in permanent impairment?
Can it be proven that the cause of the stress was primarily work related?
Was the stress above the normal level for the position?

Have you ever been stressed at work? In the legal profession, we all have. But do you have a Workers Compensation stress-related claim in your state? The answer is you might, but proving your case will be at best difficult, and at the worst, stressful.

In reviewing numerous statutes and cases, stress-based claims are not your typical workplace-related injury. Unlike a broken arm or the loss of a limb or even loss of an organ or bodily function, stress-related claims are psychological in nature, not orthopedic or neurological. As such, stress-related claims have a higher standard of proof for a petitioner due to the very nature of the claim. Work-related stress claims are vague at best and present the practitioner with a unique and challenging Workers Compensation case.

No matter what job you are in there are varying levels of stress, which are handled differently by each individual. Stress is a natural reaction that all of us experience from being in situations that cause heightened levels of anxiety, sometimes resulting in mental distress (including the inability to reason), which can lead to emotional breakdowns and in rare instances, physical manifestations. Sometimes stress can result in permanent impairment, which might be compensable under the Workers Compensation laws of your individual state..."

 

[zddoodah]

Lets say a under 21 college student works in a resturant. The owner/boss is always yelling at them. Calling them names, cussing and just making their life hell while at work. Lets say a (several) employees are not able to sleep, stressed to max, start shaking every time they enter the business.

You started out talking about one individual, but then you seem to have transitioned to multiple employees. Is that what you intended? If so, then this basically says that a bunch of folks work at a restaurant where the boss is an asshole. Right?

Could this be considered a workers comp claim if they seek mental health treatment?

I can't tell if you're just talking about the one individual you mentioned or all of the employees, but the answer to the question either way is yes.

If you are or know one of these employees, why not just quit and find a boss who isn't a jerk?

 

[ElleMD]

While mental-mental claims are a possibility, they are extremely difficult to prove and to pin on employment. College students stressed to the max and unable to sleep are the norm. Show me a college student who isn't stressed and sleeps a full 8 hours a night and I will show you someone who dropped out after the second week of classes.

If you are in a bad employment situation, by all means, find another job. Your school undoubtedly has a career and employment office to help you do just that.

 

[cbg]

Could this be considered a workers comp claim if they seek mental health treatment?

It could - in about .0001% of situations. If you are asking WOULD it, rather than COULD it, the answer is almost certainly no. Proving that the SOLE reason for the stress is employment based is going to be much more difficult than I think you imagine.

While it can't be ruled out entirely, the odds are very, very, very much against it.

 

[txls]

The only way to find out for sure is to file a claim. The first thing to find out is if the restaurant carries work comp. In TX it's optional.

 

[ElleMD]

It is not optional in Indiana.

 

[cbg]

In fact, Texas is the only state where it is optional. (There are a few states that grant exceptions to very small employers. I mean employers who have more fingers than employees. On only one hand.)