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.

author: Voluck, Philip R., Abramson, Herbert
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.

author: Voluck, Philip R.
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.

author: Colosi, Marco L.
Occupational health and safety, Occupational safety and health, Nonsmoking areas

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subjects list: Laws, regulations and rules, Human resource management, Smoking, Passive smoking
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