Full Version: Worker's compensation and mental health coverage
in my state a few years back, Erick Vela and three other men entered a bank and proceeded to kill four bank workers and a customers. Vela was later sentenced to death for his role in the crime. Before the crime, Vela was pulled over by a police officer who made a clerical error and who ticketed him for having a concealed weapon. It turned out that the gun was stolen and that if that particular discovery had been made by the officer, the bank shooting may have been averted. The officer in question commited suicide and the family has been denied worker compensation benefits. The Nebraska Supreme Court ruled against officer Zach's family and their claim. While current law was interpreted correctly in regards to compensation for physical problems, nothing in it covers the realm of mental health.
Question for debate:
1.)should worker's compensation provisions provide for mental ailments?
Question for debate:
1.)should worker's compensation provisions provide for mental ailments?
Should worker's compensation provisions provide for mental ailments?
Yes.
The Nebraska court seems to have ruled correctly in this case, but only because the law concerning worker's compensation clearly limits its coverage to physical injury. This is a bad law. It cannot be denied that certain occupations that are extremely stressful and dangerous can cause enormous emotional damage. It may be more difficult to determine when a job causes emotional damage than physical damage, but the damage done is no less real.
If it can be proved that beyond a reasonable doubt that one's work caused emotional damage, compensation should be made. It is even more important for stressful and hazardous jobs to try to prevent such damage, as they try to prevent physical injury. Such efforts would include things like counseling for employees.
Yes.
The Nebraska court seems to have ruled correctly in this case, but only because the law concerning worker's compensation clearly limits its coverage to physical injury. This is a bad law. It cannot be denied that certain occupations that are extremely stressful and dangerous can cause enormous emotional damage. It may be more difficult to determine when a job causes emotional damage than physical damage, but the damage done is no less real.
If it can be proved that beyond a reasonable doubt that one's work caused emotional damage, compensation should be made. It is even more important for stressful and hazardous jobs to try to prevent such damage, as they try to prevent physical injury. Such efforts would include things like counseling for employees.
QUOTE(Victoria Silverwolf @ Feb 6 2007, 03:39 AM) 
Should worker's compensation provisions provide for mental ailments?
Yes.
The Nebraska court seems to have ruled correctly in this case, but only because the law concerning worker's compensation clearly limits its coverage to physical injury. This is a bad law. It cannot be denied that certain occupations that are extremely stressful and dangerous can cause enormous emotional damage. It may be more difficult to determine when a job causes emotional damage than physical damage, but the damage done is no less real.
If it can be proved that beyond a reasonable doubt that one's work caused emotional damage, compensation should be made. It is even more important for stressful and hazardous jobs to try to prevent such damage, as they try to prevent physical injury. Such efforts would include things like counseling for employees.
I'm entirely in agreement with you on this. By limiting compensation to physical ailments, the state is continuing to treat mental illness as a stigma, rather than a legitimate problem. Are we to seriously believe that only the body breaks down and never the mind? We don't know anyone who has had anxiety, depression, or who suffers from schizophrenia or bi-polar disorder? If there ever was a 'there out to be a law" moment, this is one.
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