Dealing with Stress Claims

“I have an employee, Jane, who is taking time off lately because she says she’s stressed by the job and personal issues. How do I handle this?”

Your HR Survival Tip

Whenever an employee takes time off work and mentions it’s work-related, break out the workers’ compensation claim form and give it to them.

Even if you believe much of the stress is related to personal events in her life, it’s not up to you to make that determination. That’s the job of your workers’ comp carrier. The stress only has to be 51% work-related for it to be covered by workers’ comp.

If you don’t provide the claim form and it later turns out to be a bigger issue, your carrier can deny payment of the claim because you delayed too long in notifying them. If they determine it was work-related, you’d be stuck with the whole cost yourself.

If Jane doesn’t want to make a claim and isn’t seeing a doctor about this issue, make a note on the claim form that she was given the form on XX date and have her sign that. You’ll want proof that you tried to have her follow through on her claim of job stress. Even then, I’d consider calling in the claim… just tell them at this time she’s not willing to complete the claim form but is taking time off work.

Let’s talk about that time off work. If she’s calling in sick and has paid sick leave still available, you let it happen and don’t say anything. The paid sick leave is protected time off and you have limitations on what you can do. However, once Jane has used up all her available paid sick leave and wants more time off, you can ask for a doctor’s note.

If she’s actually seeing a doctor about her stress symptoms, the doctor will provide a note stating she can’t work right now and/or list her work restrictions. If you get that note… give her the workers’ comp claim form. Don’t try to diagnose her issues.

Bottom line, you don’t want an employee blaming your company for their injury or illness without filing a workers’ comp claim. You’re paying the carrier, with or without claims, so remove your risk by using them.