Legal aspects of work-related mental illness and disorder.
Workers' compensation laws exist to compensate workers for injuries sustained on the job. In Israel, this includes mental as well as physical injuries, both generally described by the law as "work accidents." Courts readily accept mental injuries as work-related when they are caused by physical work events. In cases where a physical event precipitates mental injury, courts allow presumptions of work-relatedness as proof of part of the case. However, when a psychological event causes a psychological illness (referred to as "purely psychological" cases), courts must grapple with ascertaining whether these non-visible, internal events, often accompanied by multiple causes, have the requisite work connection to justify compensation. Ultimately, a court requires proof of each aspect of a purely psychological case to assure itself of the legitimacy of the claim. To provide courts with requisite proof of work-relatedness, a claimant in a purely psychological case must show that the event was sudden, unexpected, severe, and that it was caused in significant part by work, as viewed objectively, rather than on the basis of a claimant's subjective perception of reality. Gradual events, such as repetitive work stress, are generally not compensated. Presumptions of work-relatedness will not apply. The workers' compensation system cannot bear the burden for psychological events that occur as a usual part of the work environment or that are the result of multiple non-work-related causes.
Adler
Stephen
S
National Labor Court, Jerusalem, Israel. stefena@court.gov.il
Atlas
Renee
R
D000062:Accidents, Occupational / Q000331:legislation & jurisprudence / Q000523:psychology; D000223:Adaptation, Psychological; D004185:Disability Evaluation; D005555:Forensic Psychiatry / Q000379:methods; D006801:Humans; D018868:Insurance, Disability / Q000331:legislation & jurisprudence; D007557:Israel / Q000453:epidemiology; D008016:Life Change Events; D001523:Mental Disorders / Q000175:diagnosis / Q000453:epidemiology* / Q000523:psychology; D009784:Occupational Diseases / Q000175:diagnosis / Q000453:epidemiology* / Q000523:psychology; D014942:Workers' Compensation / Q000331:legislation & jurisprudence*