Work Stress Related Illness - Any Recourse?

[jeffslaw]

What is the name of your state (only U.S. law)? Oregon

I've been working IT for my company for 11 years. My staff of 2 techs were cut 2 years ago and I've been expected to pick up almost all the slack since that point. In the last 12-18 months I've had increasing stress related health issues (i.e constant fatigue, insomnia, anxiety and brain fog, depression, anger, stomach issues). I will set an appointment with my PCP for an updated physical soon. I've repeatedly asked for more staff and made every attempt to transfer to different groups within my company with no success. My company is hiring for other positions almost daily, but refuses to consider additional staff to relieve my position. I'm reluctant to find another employer now as the above health issues have impacted my work performance. I'm definitely not the only person who is overworked at my company, but believe my health is suffering. I'm considering talking to my physician about short term disability, but that wouldn't change much upon my return even if I qualify. Do I have any recourse in this situation?What is the name of your state (only U.S. law)?

 

[cbg]

You are free to file a workers comp claim. The burden of proof will be on your and your doctor to show that all the health issues are work related and cannot have originated through any other source. Stress claims are exceedingly hard to get through workers comp. But you have the right to try.

There are no laws you can invoke to force your employer to hire additional staff to assist you, or to transfer you, if that is a part of your question.

 

[Trickster]

What is the name of your state (only U.S. law)? Oregon

I've been working IT for my company for 11 years. My staff of 2 techs were cut 2 years ago and I've been expected to pick up almost all the slack since that point. In the last 12-18 months I've had increasing stress related health issues (i.e constant fatigue, insomnia, anxiety and brain fog, depression, anger, stomach issues). I will set an appointment with my PCP for an updated physical soon. I've repeatedly asked for more staff and made every attempt to transfer to different groups within my company with no success. My company is hiring for other positions almost daily, but refuses to consider additional staff to relieve my position. I'm reluctant to find another employer now as the above health issues have impacted my work performance. I'm definitely not the only person who is overworked at my company, but believe my health is suffering. I'm considering talking to my physician about short term disability, but that wouldn't change much upon my return even if I qualify. Do I have any recourse in this situation?What is the name of your state (only U.S. law)?

It sounds like that you are suffering the same symptoms as several million others. You should be thankful that you wasn't one of the two techs that were "cut". Naturally, that increases your workload. And sure, you can file a OWCP claim but in all likelyhood your symptoms could be challenged as not work related, malingering or a host of other defenses to justify denying the claim. At that point in time my bet would be that IT, as is common with many employers, would find some sort of rationale for "cutting" you. I suggest you be thankful and realize you are actually one of the lucky ones compared to a multitude of others. Remember, this is America and we are "tough, proud and brave", right?

 

[csi7]

When cutbacks occur, the person left remaining has to readjust their work level.
For the type of work you do, a plan of action that fits your previous work level and provide the basic coverage only of the other positions cut. In other words, the amount of work available dropped from three full-time positions to one and one half position on paper.
It would be hard to prove your case, however, it can be done.
The problem is when you experience anxiety, it presents all the symptoms of other medical conditions, and when the anxiety itself is relieved, the other symptoms usually diminish.
Sit down, work out the exact daily, weekly, monthly, and yearly requirements of your original position. Then do the other positions separately. Compare the work and what you have accomplished in that time.
This will help you to see what you have to work with for proof of your case.

 

[jeffslaw]

Thanks for Comments

I realize I'm not the only person who has felt the strain from layoffs and am sure there are plenty of people out there with jobs more difficult than mine. My last physical results showed very high triglyceride levels and elevated liver enzymes. I seem to get sick all the time and am constantly tired and on edge. The stress in my job may not be the root cause of all my health problems, but it's certainly not helping. I'm not currently looking for compensation from my employer. I just want to find some way to reduce my work environment stress until I can get my health issues under control. I've explained all this to my manager in the past, but have not officially documented anything with our company HR department (I have a meeting planned with them soon). I'm just trying to assess my options and best way to proceed. Thanks again to everyone for the feedback.