MENTAL HEALTH INJURIES IN THE WORKPLACE: THE INVISIBLE WOUNDS

ELEANORE HIRALALL | LEGAL ADVISOR

 

    

 

Understanding mental health issues especially those inflicted during one’s course and scope of employment, is not a subject to be taken lightly, particularly with the fast-paced environment and stressful working conditions we face today.

Unlike physical injuries, which are visible, mental health issues are often invisible, making them harder to identify and address. However, their impact on employees and organizations can be profound and is often not fully understood. With the increase in mental health issues globally it is critical to understand the dangers of mental health challenges and the role employers play in assisting employees in their mental health journey.

 

What is Mental Health?

Mental health is a state of well-being that enables people to cope with the stresses of life. It encompasses various factors such as emotional well-being, how we respond to stress, how we learn, and how we communicate with one another to effectively deal with situations appropriately.

 

What Are Mental Health Injuries?

Mental health injuries in the workplace refer to psychological conditions that arise due to work-related factors. With the fast-paced, high demand and often volatile conditions that some employees are subjected to, it comes as no surprise that employees will at some point in their career suffer from some form of mental health injury such as anxiety, depression, burnout, or post-traumatic stress disorder (PTSD). Such injuries can result from various factors, including excessive workload, lack of support from management, high demands with tight deadlines, workplace bullying, toxic working conditions, traumatic events, and other stresses.

 

How to Identity Signs and Symptoms of Mental Health Injury

Recognizing the signs of mental health injuries is crucial for early intervention to assist employees in their journey of recovery, however a proper medical diagnosis is required to effectively understand and treat the injury. Common symptoms include:

  • Persistent feelings of sadness, depression or anxiety
  • Lack of focus and concentration resulting in poor performance
  • Irritability and mood swings
  • Withdrawal from peers and social interactions
  • Changes in sleep patterns and appetite

 

What Impact does Mental Health Injuries have on Organizations?

Mental health injuries do not only affect the impacted individual but also fellow employees and the organization holistically, if not treated and dealt with in a professional manner. Reduced productivity, absenteeism, increased staff turnover, poor performance, financial implications in not achieving targets, losses to the business in terms of fines or penalties as well as reputational damage, these are but a few issues which are significant enough to cause irreparable harm to the organization.

 

What is the responsibility of an Employer?

Unlike physical injuries, mental health injuries are more difficult to detect. Employers have a general duty to provide a safe workplace environment for their employees. This means that employers need to ensure that proper safety measures are in place to prevent physical injury. Likewise, similar measures need to be deployed to ensure that the workplace environment is also fit for the mental well-being of its employees. Failure to comply with this duty may result in liability in terms of the law or in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA).

 

Can an employee have a claim for mental injury?

Similar to claims for physical injury, an employee can also lodge a claim for mental injury that arose in the workplace.

 

What documentation must be lodged for a mental health injury claim?

Before contemplating lodging a claim with the Compensation Commissioner, various reports and medical evidence will need to be submitted with your claim such as:

  • (W.C1.2) Employer’s Report of an Accident
  • (W.C1.3) Notice of Accident and Claim for Compensation
  • (W.C1.4) First Medical Report in respect of an Accident / First Psychiatric Reports
  • (Wc1.5)(P) Progress Medical Reports in respect of an Accident /Progress Psychiatric Reports
  • (W.C1.5)(F) Final Medical Report in respect of an Accident /Final Psychiatric Report
  • Detailed psychiatric / psychological report
  • All other relevant reports pertaining to the accident, diagnosis and treatment, where applicable

For more information visit www.labour.gov.za

 

What compensation is payable?

When the Commissioner is assessing the claim, consideration is given to the type of injury, whether temporary or permanent, and other factors when making an order for compensation. Compensation awards will vary based on the nature and severity of the injury and can include costs for medical expenses.

 

What can Employers do to cultivate a positive working environment?

  1. As part of its training programme, ensure Workshops / Awareness Sessions are rolled out to employees on mental health issues to create a workplace environment that recognizes mental illness, promoting the reality and acceptance of mental illness and breaking the negative association attached to it.
  2. Offer Support Programmes such as counselling services by qualified professionals to those suffering from mental health injuries to assist employees in their journey to recovery.
  3. Provide Work-Life Balance Initiatives encouraging flexible working hours or temporary remote working when needed to promote a healthy work-life balance to reduce stress and burnout.
  4. Develop Clear Policies for addressing workplace bullying, harassment, and other issues that can lead to mental health injuries so that proper structures are in place to guide both the employer and employee.

Mental health issues are manageable, and there are many options and resources available to help with and support the recovery process. Employers are encouraged to have awareness initiatives educating employees on the importance of nurturing and maintaining their mental well-being. By fostering a supportive culture, providing necessary resources, and implementing effective policies, organizations can help mitigate the impact of mental health issues and promote a healthier, more productive work environment.