In the modern work environment, awareness of the importance of employee mental health continues to rise. One serious psychological disorder that can be encountered in the workplace is post-traumatic stress disorder (PTSD). This article will explain when post-traumatic stress disorder develops and in what cases it can be considered a workplace injury.
Post-Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) represents a serious psychological disorder that can develop after exposure to or participation in significantly traumatic events, such as accidents, assaults, or war situations. In the workplace, it refers to a mental condition that affects employees who were either direct participants or witnesses to such traumatic situations.
Causes of PTSD and Symptoms
Causes of workplace PTSD can be diverse, ranging from physical injuries to psychological shocks caused by violence or accidents.
PTSD symptoms may include:
- anxious feelings, such as fear, uncertainty, and worries, anxiety and tension caused by memories of the traumatic event
- nightmares and insomnia, repeated memories of the traumatic event
- avoidance of memories related to the traumatic event
- sudden mood changes or anxious reactions to stimuli that remind of the traumatic event
- depressive feelings or loss of interest in activities that were previously enjoyable or favorite
- problems with concentration and goal setting, feelings of guilt, helplessness, and self-blame.
In the workplace, PTSD can then negatively affect performance, interpersonal relationships, and the employee's overall well-being.
PTSD as a Workplace Injury?
A workplace injury is understood as health damage to an employee while performing work tasks or in direct connection with them, caused by short-term, sudden, and violent action of external influences, where the damage can be not only physical but also psychological.
In the case of PTSD, a traumatic event in the workplace that extremely deviates from normal conditions can be considered a workplace injury. The Supreme Court in its recent decision (Supreme Court judgment of January 26, 2024, case no. 21 Cdo 3408/2022) clearly established that an employee must be either a direct participant or direct witness to the event that triggered PTSD. Merely perceiving secondary manifestations alone is insufficient to meet workplace injury criteria.
PTSD Compensation from Workplace Injury
Employee rights in workplace injury cases include the right to receive workplace injury compensation. The amount of claims is partly derived from the employee's income and further according to the point evaluation issued in connection with the impact on the employee's physical integrity (workplace injury intensity):
- Wage replacement during sick leave duration - wage replacement supplement,
- Wage replacement after sick leave ends - termination of temporary work incapacity regime as compensation for reduced income (pension from employer)
- Pain and suffering - compensation for pain incurred (more in article here)
- Social disadvantage - compensation for deterioration of social life (more in article here) including employee condition (e.g., PTSD development) Employees are also entitled to severance pay if the employer must terminate employment by notice according to law (more about dismissal for health reasons - conditions and the dismissal itself).
- Damage compensation - you receive documented items that you had to incur in connection with the workplace injury (treatment, transportation, convalescence)
Employee Rights and Their Protection
Employees have the right to compensation if they prove that PTSD arose in connection with work and a traumatic event in the workplace.
The general procedure for what to do when you suffer an injury at work can be found here and in the follow-up article. Also read about what claims you have after a workplace injury occurs.
Know Your Employee Rights
PTSD as a workplace injury brings challenges for both employees and employers. Increased awareness, prevention, and providing adequate support to employees with PTSD are key to maintaining a healthy and safe work environment.
Have you experienced a traumatizing event? Don't know how to proceed to assert your claims? Contact us - we will gladly advise you and help achieve a fair solution.
How Can We Help You?
We help employees with asserting claims from workplace injuries or occupational diseases through our field experts. Have you or your loved one suffered a workplace injury and need help? Read our client references, whom we helped in various labor law cases, and don't hesitate to contact us. We will help you.
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