Asia

Security Verification


Can Stress Lead to a Passaic NJ Workers’ Comp Claim?

Can Stress Lead to a Passaic NJ Workers’ Comp ClaimCan Stress Lead to a Passaic NJ Workers’ Comp Claim?

No matter what type of job your client is in, they will have stress. True, it will be at varying levels, but stress is handled differently by each individual. While it’s a natural reaction that each of us experience from being in situations that cause heightened levels of anxiety, for some stress can lead to mounting mental distress, which can include the inability to reason, emotional breakdowns, and eventually can manifest into physical symptoms.

Proving that stress has caused physical symptoms is understandably difficult. In fact according to the American Bar Association’s (ABA) review of multiple statutes and cases, stress-based claims are not your typical workplace-related injury; as they are psychological in nature rather than orthopedic or neurological. But does that mean that winning a Passaic NJ workers’ comp case based on stress is impossible?

Recently, the Superior Court of New Jersey held that in the case of Knight v. Audubon Savings Back, in order to maintain a stress-related Passaic NJ Workers’ Comp claim, the petitioner must establish that the permanent disability resulted materially from “objectively verified” job-related stress. This standard would be reviewed on a case by case basis, and in Knight, the court ruled that the petitioner’s claim of psychiatric harm due to her supervisor’s screaming and heavy workload was not a compensable claim.

According to the ABA, this type of result is typical for most New Jersey stress-related workers’ comp claims. Apparently in almost all cases, the petitioner’s claim of job-related stress falls short of the standard of proof that their disability must result from an “objectively verified” job-related stress situation. Even so, the costs of defending such a claim can be financially devastating to even the most robust business.

At Associated Specialty Insurance Agency, (ASIA) we understand the risks your clients in our various Targeted Industries face when it comes to Passaic NJ Workers’ Comp Claims. We offer comprehensive Workers’ Comp policies to financially protect your client’s business. To learn more, please contact us today at (866) 679-7457.

Please follow and like us:
This entry was posted in blog, New Jersey, Workers Compensation and tagged , , , , , . Bookmark the permalink. Follow any comments here with the RSS feed for this post. Trackbacks are closed, but you can post a comment.