Kentucky Law Blog

Mark’s Notes on Legal Topics of Interest

Workers’ comp for stress still not possible for most KY workers

It is no secret that American stress levels have been on the rise since 2016 when they were at an all-time low. Though everyday stressors affect the majority of American households, including money, health insurance costs and the future of the American economy, a recent WalletHub report suggests that one’s environment may play a critical role in one’s mental health. The report compared the 50 states across 40 key indicators to determine the most and least stressful states in which a person can live. WalletHub ranked Kentucky as the fourth most stressful state in which to live.

The data set ranges from the average number of hours worked per week to sleep health to personal bankruptcy. Kentucky scored in the top five for the fewest average hours of sleep per night (with one being the worst), the greatest percentage of adults who have fair or poor health, the highest rate of people who live in poverty, the most family-related stress and the most health and safety-related stress.

Many Kentucky residents living with stress often wonder if they can collect workers’ compensation for stress that stems from work-related duties. Unfortunately, the answer is probably not.

Though according to The Workcomp Writer Kentucky, may expand its definition to include PTSD, if it does, the revised law will contain a provision that states that PTSD benefits will only be available for “first responders only.” As it stands, Kentucky’s definition of a work-related injury excludes recovery for “mental-mental” injuries. Moreover, it explicitly states that “injury” shall not include a psychiatric, psychological or stress-related change in the human organism. The exception to this is if the psychiatric, psychological or stress-related change is the direct result of a physical injury.

On behalf of Mark Knight Attorney at Law