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Work-Related Stress Claims: Overview, the Law and Strategies for Defense

OnDemand Webinar (89 minutes)

Learn how you can protect yourself from workplace stress claims.In recent years, work-related stress claims have been one of the fastest growing segments of the workers' compensation system. Employers continue to receive an increasing number of occupationally induced stress claims from their employees. This epidemic has caused an upward spiral in insurance costs to investigate, defend and prevent these claims. This topic will address many of the difficult issues that arise when handling a work-related stress claim such as legal burdens of proof, various types of stress claims and available benefits, and will provide an overview of this epidemic while assisting workers' compensation in handling the defense of these claims to reduce or eliminate costs.


Zachary M. Rubinich, Rawle & Henderson, LLP


Stress Epidemic

• Work-Related Stress Claim Statistics

• Costs of Stress in the Workplace

Legal Burdens of Proof

• Physical Stress Injuries

• Emotional/Mental Stress Injuries

• Mental/Mental Stress Injuries

• Abnormal Working Conditions

• Various State Burdens of Proof for Occupational Stress Claims

Medical Evidence

• Discussion of Retaining an Expert

• Providing Expert With Factual Background

• Records and Information for Assessment

• Existence of Causal Relationship of Alleged Stress and Employment

Contested Types of Work-Related Stress Claims

• Post-Traumatic Stress Disorder (PTSD)

• Panic Attacks and Anxiety Disorders

• Bipolar Disorder or Clinical Depression

• Stress-Related Cognitive Impairment

Types of Workers' Compensation Benefits

• Medical Treatment

• Temporary Disability Benefits

• Permanent Disability Benefits

Defense of Stress Claims by Employers

• Factual Investigation, Recordkeeping and Personnel File

• Performance Problems or Personality Differences

• Index (CIB) Search for Other Claims

• Motivational or Misbehavior Issues

• Reasonable Accommodations and Prevention