With workplace burnout rising in recent years, it is no surprise that 57% of workers reported experiencing work-related stress in 2023.
The support for workers’ mental health varies from company to company. For instance, only one-third of companies encourage breaks, while only 15% offer mental health days. The consequences of failing to provide adequate support include worker dissatisfaction, seeking new jobs, or even workers’ compensation mental health claims. Understanding the intricacies of these claims can help employees and employers navigate this complex landscape.
Understanding mental health claims
Mental health claims are workers’ compensation claims filed due to mental health conditions caused or worsened by workplace conditions. These can include depression, anxiety, PTSD, among others. Eligibility and coverage for these claims vary significantly across different states.
According to the Department of Labor, mental health claims are recognized under workers’ compensation laws, allowing employees to receive benefits for mental health injuries. This coverage is essential for ensuring employees get the necessary support and treatment for their mental health conditions.
Also read: The Basics of Reporting a Workplace Injury to OSHA
Legal protections for employees
Employees suffering from mental health conditions such as depression or PTSD are protected under several laws, including the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The Equal Employment Opportunity Commission (EEOC) provides comprehensive guidance on these rights, ensuring that employees are not discriminated against and can seek reasonable accommodations.
Legal rights include:
- Non-discrimination – Employers cannot fire or refuse to hire individuals because of their mental health.
- Privacy – Employees generally have the right to keep their mental health conditions private unless specific circumstances require them to disclose crucial information.
- Reasonable accommodation – Employees may request adjustments to their work environment or schedule to better manage their mental health condition.
How are mental health claims filed?
For workers to file mental health claims, they must:
- Document the condition. Provide detailed records of the mental health condition, including medical diagnoses and any work-related incidents that may have contributed to the condition.
- Report to employer. Inform employers about the mental health condition and any work-related factors affecting it as soon as possible.
- Seek medical certification. Obtain documentation from a qualified healthcare provider to provide evidence for the claim.
- File the claim. Submit the workers’ compensation claim through the appropriate channels, following state-specific guidelines.
Also read: Preventing Worker Injuries with Electrical Safety Equipment
What comes next?
Depending on a worker’s coverage, employers might have to provide their employees support with the following:
- Medical coverage – Payment for therapy, medication, and other necessary treatments.
- Income replacement – Compensation for lost wages during the period the employee cannot work.
- Support services – Access to rehabilitation and support services to aid in recovery.
Different industries also receive varying levels of care. For instance, first responders such as firefighters, EMTs, and police officers often face unique challenges related to mental health due to the nature of their work. Legislative trends increasingly recognize the mental health needs of first responders, offering them expanded coverage and support.
Proactive management is key
To best support workers and prevent mental health claims, employers can invest time and resources to address challenges as they arise. Avenues companies might consider include the following:
- Encourage open dialogues. One of the best ways to air grievances and tackle them before they become damaging to workers’ mental health is to create an environment where employees feel comfortable discussing challenges without fear of stigma or discrimination.
- Provide resources. Offer access to mental health resources such as employee assistance programs (confidential programs that allow employees or their families to secure support for personal and office challenges), counseling services, and mental health workshops.
- Implement supportive policies. Develop policies that support mental health, such as flexible working hours, the ability to work from home, and clear procedures for requesting accommodations.
Also read: Protecting Employees Hurt on the Job: Workers’ Compensation for Amusement Parks
Workers’ Compensation Insurance
Navigating mental health claims requires understanding legal rights, the claims process, and the benefits available. As awareness of mental health in the workplace grows, both employees and employers need to stay informed and proactive in addressing these issues. However, new and unforeseen challenges will result in workers facing stresses at work that are difficult to prepare against. Employers should consider mental health claims inevitable under such circumstances and prepare now.
One option is to invest in Workers’ Compensation Insurance from McGowan Program Administrators. The right coverage will help employers in many industries (from artisan contractors to social services) tailor a solution that protects employees, secures their bottom line, and allows them to focus on the essential services they provide.
For more about Workers’ Compensation Insurance, contact an expert from McGowan Program Administrators today.
