The joy of working is getting emotional, physical, and psychological satisfaction, both from the work environment and the job itself. When this isn’t the case, one can say the employee is unhappy. Some jobs pose a potential danger to the physical safety of workers. However, a job that feels safe may be dangerous and can affect the individual emotionally and psychologically. The employer has to keep employees safe from dangers to their health, physical safety, etc. But there are questions, ”Can employers protect employees from emotional injuries while on the job? How does the concept of employee protections cover employees in any institution? How do employers guarantee that their staff is safe from injuries or abuse? Is this achievable? The answer is simple. You need an employment attorney to help achieve this. When you think of an employment attorney, the name that comes to mind is Mark J. Berkowitz, P.A., as we are the best Fort Lauderdale employment attorney.
Why are employee protections at the workplace necessary?
When individuals get employed in an institution, they are entitled to rights, privileges, and protection from workplace dangers. Emotional injuries often seem negligible as they are not visible, but the effect of emotional trauma can be more permanent and more detrimental. Some employees experience psychologically traumatic situations that may affect their mental health, productivity, and output. For the legal requirements that come with employing staff, there are laws applicable to protect the employee from all forms of physical harm, but almost none for emotional injury. The Occupational Safety and Health Act lacks a clause to cover employees injured emotionally, the reason being that physical danger can lead to death, but the effects of emotional damage are less tangible. If you can prove damage done by emotional injuries, you’re entitled to compensation, but the argument is difficult to make in court. However, with the best Fort Lauderdale employment attorney, you can rest assured that you have a strong defense.
What are some of these laws that protect employees?
The best form of protection an employee will get is obtainable under the laws of the state. There are three sources of state laws that can guarantee employees who experience emotional injuries reasonable compensation.
- Workplace Safety Laws: Although some states have laws focused on physical harm rather than mental health, there are provisions for emotional harm as well. An employer is required to provide employees with an environment conducive to a healthy mentality. ‘Safe’ in this context covers both physical and emotional safety, and the company is obligated to meet this requirement.
- Tort Principles: Like those brought up during a personal harm lawsuit. Here, the focus is on legal theories based on negligence—for example, suing an employee for inflicting emotional distress intentionally, as in workplace bullying.
- Workers’ Compensation: When employees sue their employer for negligence, they are not protected; however, the employee gets some form of medical and financial relief if there are any mental injuries. However, worker’s compensation is often limited. Some laws don’t recognize emotional trauma as one that is recoverable, while some have limitations to them. Likewise, if an employee takes the worker’s compensation, he is barred from suing the employer.
What are some of the effects of emotional trauma on employees?
Emotional and psychological trauma often have adverse effects that one may not recover from. Some of these effects include:
- Amnesia
- Insomnia
- Nightmares
- Being claustrophobic
- Anxiety and depression
- PTSD (Post-traumatic stress disorder)
- Suicidal tendencies
- Sometimes death
It is in the employer’s best interest to ensure employees are protected from potential dangers as it improves productivity and workers’ performance.
Contact Us
Your mental health is vital and should always be a priority. If you feel emotionally threatened at your workplace, don’t hesitate to contact us to speak with us at Mark J. Berkowitz, P.A. We will give you a Fort Lauderdale employment attorney dedicated to enforcing employee protections at the workplace.