The workers’ compensation system is designed to help protect both the employer and the employee. The system helps make sure that the injured worker gets appropriate compensation for industrial injuries while also protecting the employer from excessive tort claims. Injured employees may receive compensation for a wide variety of work related injuries, ranging from broken bones to PTSD to carpal tunnel syndrome. Shift Work Disorder is one work related injury that may often be overlooked.
Shift Work Disorder is a sleep disorder that usually affects those people who work shifts that overlap with the time most people are sleeping. In other words, those who often work second or third shift. Symptoms of Shift Work Disorder include both insomnia and excessive sleepiness. Unfortunately, regular, quality sleep is essential to continued good health. Cardiovascular disease, diabetes, and obesity have all been linked to shift work disorder, as well as stomach problems and depression. Clearly, these problems may also have a variety of other root causes. Accordingly, any worker who claims to be suffering from any of these conditions as a result of Shift Work Disorder will have to prove that they are an industrial injury. Proof will need to come from a treating physician, a qualified medical evaluator, or other medical professional. The employee may have to undergo diagnostic tests, and the medical professionals will also need to review the employee’s medical records to determine whether the condition is a result of Shift Work Disorder.
There are examples in California law wherein cases involving Shift Work Disorder have been taken before the Workers’ Compensation Appeals Board, as these cases can be very fact sensitive. In one case, the WCAB determined that the worker’s psychiatric injuries were, in fact, attributable to his rotating shift schedule. Note that in that case, the worker had to provide substantial medical evidence to support his claim. In another case, the worker collapsed at work and was admitted to the hospital. Subsequent neurological testing indicated that the initial injury had resulted in permanent damage to his brain. When the case went to trial, the main focus was not on whether the event had taken place or why, but rather whether the injured employee’s schedule actually qualified as “shift work.”
We have extensive experience helping our clients understand the rights and responsibilities of their business in the workers’ compensation system. Contact us today to talk about your options.