Shift Work Sleep Disorder and Workers’ Compensation Claims

May 16, 2018 - 5:52 pm
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According to the Economic Policy Institute,17% of the US workforce has irregular work schedules. What many people don’t realize, is that your health can be affected by the time of day you work. People that work a night shift or rotating shift often have trouble sleeping and even when they do, never feel rested. This all concerns your body’s internal clock where it recognizes light as the time to be awake and dark as the time to sleep. People who develop Shift Work Sleep Disorder display symptoms of being excessively sleepy or having insomnia, which can create negative or even deadly workplace outcomes. Take for example the 1986 space shuttle Challenger situation, which resulted in the complete annihilation of the space shuttle and crew just 80 seconds after they launched. This crash was deemed to be at least partly from sleep deprivation as the crew had been working excessive hours and lacking adequate sleep. This sleep deprivation negatively affected their ability to make critical decisions quickly.

How Can Shift Work Sleep Disorder Affect Health?

Because there is more stress with shift work, your immune system is not as strong, and you are more likely to get colds and the flu. The lack of sleep also increases the chance of workplace accidents and can lead to difficulty concentrating at work, eventually causing poor job performance. Sleep deprivation also contributes to anxiety and increases the risk for high blood pressure, obesity, diabetes, and heart disease.

Is Shift Work Sleep Disorder Covered by Workers’ Comp?

In Georgia, sleep disorders fall under the category of psychological injury, which are not all covered under workers’ compensation. To fall within the purview of the Georgia Workers’ Compensation Act, and for a psychic injury to be compensable, there must be a discernable physical injury. Georgia is clear that it must result naturally and unavoidable from a physical occurrence. Once the physical injury has been established, whether it be a minor physical injury, there must be a nexus between the physical injury and the resulting psychic trauma. In other words, the worker will have to get hurt before he or she can get help.

California Shift Work Disorder

In California, Shift Work Disorder can be claimed through their workers’ compensation system. Doctors can give an opinion on whether excessive sleepiness and insomnia, as well as related health issues, are caused by shift work. Even more, if you have a pre-existing sleep medical condition diagnosed before ever starting shift work, you could still be eligible for workers’ compensation. According to California law, the acceleration of a pre-existing problem can be a work-related injury. If shift work has intensified your poor health, it might be caused to file a claim.

Sleep disorders have a tremendous impact on quality of life and your health status. It also negatively affects professional activities and doubles the risk for a workplace injury. Until more states recognize this issue like California does, shift workers would benefit from health prevention and promotion programs to overcome some of the negative consequences.

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