Stress Claims

Monday, January 26, 2009

What is stress?

Stress is an adverse reaction caused by excessive pressure.

Stress in the workplace can be caused by bullying, lack of control over work activities, lack of communication and support from co-workers and management and harassment.

Other pressures that may cause stress are family relationships, financial problems, death and divorce.

If stress is left untreated and goes on for some time it can cause mental and physical illness.

Stress in the workplace

Employers have a duty to ensure the health and welfare of their employees. If your work environment is the cause of stress then you may be able to make a claim for workers' compensation. You should be aware that stress claims are often disputed and can be extremely difficult to prove.

If you are suffering from stress and your work environment is the cause, you should speak to your employer. You should try and identify the cause of your workplace stress. For example:

•  If you are being bullied, you should report the bullying.

•  If your workload is excessive, you should ask for assistance.

•  If you are confused about your role or job title, you should ask for clarification.

•  If you feel you do not have enough control over your work, you should ask for more decision-making rights.

If you employer does not address the cause of your stress in the workplace and as a result you believe your health is suffering, you should speak to your doctor.

Stress claims and workers’ compensation

If your stress is work caused and you are certified unfit or partially unfit by your doctor then you may be entitled to make a claim for workers’ compensation. You should:

•  Seek medical treatment and ask your doctor for a First Medical Certificate

•  Ask your employer for a Claim Form 2B

•  Return the First Medical Certificate and completed Claim Form to your employer.

Your employer has three days to forward the claim form and medical certificate to their workers’ compensation insurer.

The insurer has 14 days to notify you in writing of their decision. The insurer will do one of the following:

•  Accept the claim

•  Pend the claim, or

•  Dispute the claim

If you do not receive the notice within 14 days, you are entitled to the weekly payments you are claiming.

What should I do if my claim is pended or disputed?

If your claim is pended or disputed you should:

• Seek legal advice.

• Continue to seek treatment from your doctor and ask your doctor to provide you with progress medical certificates each time you attend.

• Ensure you keep any medical appointments arranged by your employer.

• Speak to a lawyer before you speak to an insurance investigator.

If your employer disputes your claim, you have the option of lodging an application at Workcover.

If you lodge an application, you will have to prove:

•  That you have sustained a disability in the form of a psychiatric condition.

•  There is a causal connection between the psychiatric disability and your employment.

•  The employment contributed to a significant degree to the contraction of the psychiatric disability.

•  Incapacity for work.

The law does limit stress claims and many factors which cause stress are excluded from the workers' compensation scheme.

More information on stress claims is available from Workcover WA.