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Workers Comp and Physiological Claims
submitted by Personnel Assistance Services
Following a landmark decision of the Ohio Supreme Court, employers have been facing ever-increasing exposure for workers' compensation claims alleging psychological conditions such as
stress and post-traumatic stress disorder following injuries to co-workers. However, with an understanding of the law and carefully implemented policies and procedures, employers may
limit their exposure in these types of claims.
In the case of Bailey v. Republic Engineered Steels, Inc., the court determined that an employee could pursue a workers' compensation claim for a psychological condition based upon an
injury to a third party. Since this decision, the Ohio courts of appeals have been in conflict over the application of the new rule. While the courts flesh out the parameters of the
doctrine, there are several steps employers can take to minimize exposure for employees' psychological claims.
Establish anti-violence policies. Employers should draft, distribute and implement policies prohibiting the possession of firearms and other dangerous weapons on company property
including parking lots, on company business and at company-sponsored events. A well-drafted and consistently applied policy along with prominent postings will demonstrate an awareness of
the risks of weapons in the workplace along with a commitment to protecting employees from this risk.
Designate a crisis response team. Organizations should train management staff and supervisors to respond to emergencies and designate a crisis team to respond to all emergencies and
serious accidents (such as a death, amputation, paralysis, or serious crushing injury) in the workplace. This team should comprise human resources or management personnel who have
undergone training in dealing sensitively with injured workers and witnesses.
Provide counseling services. After workplace injuries, management should arrange for counseling services to be available to affected employees. Services should be offered not only to
employees injured or who witnessed the incident, but also to others indirectly affected. This can be arranged through Personal Assistance Services (800.356.0845).
Inspect faulty equipment. After injured employees have been treated, witnesses have been interviewed and debriefed, and counseling services have been made available, the company should
have any equipment that malfunctioned and contributed to the accident inspected by safety personnel before putting it back into operation. An important step in this process is informing
employees that the unit has been inspected (and repaired, if appropriate) and has been approved by safety inspectors for use.
Review claims and monitor progress.
The company should carefully review any workers' compensation claims that
are filed seeking the allowance of psychological conditions. If claimants are initially interviewed by company personnel following the incidents, their statements will be relevant in any
administrative proceedings. Obtaining an independent examination by a board-certified psychologist or psychiatrist can be helpful in identifying valid claims and successfullycontesting
frivolous ones.
If claims are allowed, the company's workers' compensation coordinator, third party administrator or workers' compensation attorney should monitor treatment and progress notes to ensure
that the claimant is receiving treatment only for the allowed conditions.
This article is not meant to be construed as legal advice, but is provided as an overview of good business practices.
submitted by Personnel Assistance Services
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