How to avoid stress-related disability claims

Article Abstract:

Stress-related disability cases brought against employers represent 11 percent of all occupational disease claims. The three types of stress-related claims against employers are: (1) mental impairment caused by physical injury, (2) physical illness caused by stress, and (3) mental disability caused by stress. Stress-related disability claims are governed by state laws. Several stress-related disability cases heard in Pennsylvania courts are briefly discussed. Because the most common causes of stress involve supervisory conduct or employer action or inaction, minimization of stress-related claims can be achieved by training supervisors in: interpersonal skills, employee evaluation, employee motivation, employee counseling, disciplining and discharging employees, supervisory skills, and conflict management. Other stress-preventing measures include: hiring employees to fit job requirements,instituting employee wellness programs, and implementing employee assistance plans.

Cases, Employer liability, Job stress, Personal injuries, Stress (Psychology), Liability (Law), Legal liability, Workers' compensation, Accident law

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Burning legal issues of smoking in the workplace

Article Abstract:

Smoking in the workplace has become a controversial legal issue. Ten states and many cities have laws prohibiting or restricting private sector smoking. Smoking is a health issue for employers. Second-hand smoke has harmful effects on non-smokers, and it has been estimated that individual smokers cost employers $400 to $1000 per year more than non-smokers due to increased health care costs and reduced productivity. Employers with union employees may have more trouble imposing smoking restrictions than non-union employers. Employers who do not control smoking in the workplace may be subject to lawsuits. The limited case law in this area suggests that employees do not have a constitutional right to work in a smoke-free environment. However the courts have allowed disability and workers' compensation claims, and have upheld common law claims against employers who failed to restrict smoking.

Prevention

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Do employees have the right to smoke?

Article Abstract:

Efforts to limit workplace smoking have complicated labor relations, increased tensions, and even resulted in lawsuits. Typical issues that are part of the workplace smoking controversy include: second-hand or involuntary smoke, the civil rights of smokers and non-smokers alike, and worker safety. Experts are divided on some of the basic questions such as the potential health hazard of smoke to non-smoking persons. Court cases are cited which tend to indicate that constitutional claims for a right to smoke or to a smoke-free environment will be denied. Non-smokers may, however, win disability pay or other compensation because of their physical reactions to tobacco smoke. Smoking in the workplace tends to become a collective bargaining issue when affected workers are unionized. It is suggested that the concerned employer cannot afford to permit uncontrolled workplace smoking.

Occupational health and safety, Occupational safety and health, Nonsmoking areas

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