Work-relatedstress claims should be compensable under the statutes. Understanding the essence of , inbrief, is imperative at this point. As pointed out by Find Law(2017), employees that are injured while in the course of their workduties are entitled to benefits while undergoingrecuperation. The aim of the Worker Compensation, as per Find Law(2017) is to find a means that allows employees to quickly andefficiently acquire money to address injuries experienced while inthe course of their work duties. On that note, the paper will seek toprovide insight into why stress ought to be compensable under the Statute.
Stressas a Workplace Injury
Itis essential to acknowledge that employers have the duty of providingtheir employees with safe and conducive working conditions, whichfoster physical and mental health (Power, n.d). One way thatemployers are supposed to work towards providing a safe environmentfor employees is through the conductions of risk assessment of thetasks that are to be undertaken. Through risk assessments, insightinto the how safe and manageable a given amount of work that anemployee can handle in the workplace can be established. Whenemployees are given too much work than they can handle, lack support,or if they are maintained as targets by managers and othercolleagues, which results in the deterioration of their mental healthindicates the presence of work stress (Health and Safety Authority,n.d). Inadequacies noted in risk assessment conducted in companies’means that an employer has breached his/her duty to protect theemployees. The blame of stress emanating from the workplace is,therefore, attributed to the employer.
Thestatutes must make provisions of personal injury for employees whenthey suffer injury emanating from stress, similarly to what wouldhave been done in the case of a physical injury. The statues ought tomake this provision fast because employees by the day are fallingvictims of injuries that arise from work-related stress.
Legislatorshave a critical role to play in fostering the health and safety oftheir citizens. One way they can do this is by amending the WorkersCompensation law, to accommodate claims for work-related stress.Legislation backing of the personal welfare of employees, as farwork-related stress is concerned would enhance the confidence of thestaff, in the knowledge that their health needs are of the essenceand they should be held at high-value by their employers. On the partof the employers, knowledge of the legal implications that wouldemanate from workplace stressors will assist the managers to beef uptheir safety programs, which will in turn reduce the costs ofcompensation, negative publicity, and litigation.
FindLaw. (2017). Basics. Retrieved March 29, 2017,fromhttp://injury.findlaw.com/workers-compensation/workers-compensation-basics.html
Healthand Safety Authority. (n.d). Work-Related Stress A Guide forEmployers. Retrieved March 29, 2017, fromhttp://www.hsa.ie/eng/Publications_and_Forms/Publications/Occupational_Health/Work_Related_Stress_A_Guide_for_Employers.pdf
Power,V. (n.d). When work-related stress becomes injury claim. RetrievedMarch 29, 2017, fromhttp://www.mindfulemployer.net/files/2213/7726/2124/Work_related_stress_and_Personal_Injury.pdf
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