Sexual Harassment and Work Comp Claim?
So everyone is aware of the huge
influx of sexual harassment charges being dropped across all spectrums of business.
A question which has arisen is..."Can I file a Work Comp Claim" with this type of issue?
Well, it depends. The state in which you live and usually two elements which are important to a claim being 'qualified' for Work Comp.
1. Arising out of
2. In the course of
What this literally means in easy language, did the instance happen at work during the usuall course of your business duties. Yes, this includes those holiday parties of which are voluntary, but you feell 'compelled' to go as the unsaid point is....are you at risk for beling labelled "Not a Team Player" and possibly risking a promotion.
What about the 'mental stress' situations might cause. Say, where you are at that company party you didn't really want to go to and Jeff keeps grabbing you and asking you to dance and you don't want to dance. He did the same thing last year, you said something to HR and here you are again ....with the same situation. You reeeeaalllly don't want to go through this again. So you contact HR after the party and let them know you are going to a therapist about it all and you won't be in to work.....Some states will say this is enough to file a Work Comp claim.
Interesting situations, all of which can be avoided by careful planning and monitoring at these and other company parties, etc.
You can read another article HERE.
Let us know if YOU encountered anything like this. Compliance@delaneyins.com