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Workers seek compensation from employers for job stress

By STEPHANIE ARMOUR
Gannett News Service

Workers are pressing employers to pay for mental and physical ills they say are triggered by on-the-job stress.

In New York, nearly a third of the 6,000 workers' compensation claims related to the World Trade Center attack involve some component of stress. But New Yorkers are not the only ones suffering from job-related stress:

  • The Illinois Supreme Court ruled this year that high school teacher Darwin Baggett was eligible for workers' compensation benefits after suffering a heart attack. Lawyers for the family argued the attack was triggered by workplace stress. Baggett has since died.

    "People are becoming more aware of what can happen with stress," said Robert Howerton, a lawyer in Marion, Ill., who represented the Baggett family.

    The Illinois Supreme Court ruled this year that high school teacher Darwin Baggett was eligible for workers' Virginia paramedic Randall Mottram sought workers' compensation after doctors said he suffered from post-traumatic stress disorder because of his job experiences. The Virginia Supreme Court this year determined that he was eligible for the benefits.

    Such claims have broad implications for businesses because anxiety levels soared after Sept. 11. Workers are also more stressed because of job cuts and heavier workloads.

    Critics say mental stress rarely meets the criteria of an occupational injury, and employers can face bogus claims. "There may be a lot of tension in the world, but that doesn't mean it's caused by the workplace," said Joe Fleming, a labor and employment lawyer in Miami.

    Others say increased stress is affecting the workplace.

    "Whenever you have a crisis like Sept. 11, stress is going to be more exacerbated," said Richard Chaifetz, CEO of employee assistance provider ComPsych, based in Chicago.

    Nearly half of Americans grappled with stress after Sept. 11, according to a study by nonprofit research group Rand. Workloads will likely remain heavy: Only 21 percent of companies plan to add employees this year, and 20 percent expect to make more cuts, according to career firm Meridian Resources.

    "We've seen a great deal of stress," said Doug Benns, CEO of RecTech, a technical firm based in Cleveland that works with associations.




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