By Abby Schuman, ASA Intern

The realities faced by workers in the construction industry when it comes to mental anguish claims are often surprising and challenging. According to Cornell Law School, mental anguish in tort law refers to personal injury cases where individuals claim emotional distress and seek legal action for compensation. When it comes to the construction industry, mental anguish claims are notoriously difficult to argue and win, particularly without accompanying physical trauma or injury, yet they occur independently frequently.

Considering the significant portion of the construction industry’s population experiencing depression (17.1%), anxiety (19.2%), and stress symptoms (16.4%), as reported by the National Library of Medicine, it becomes imperative to give greater attention to mental anguish claims.

The Workplace of Mental Health highlights several contributing factors to mental health issues and suicides within the construction industry:

• The construction industry is predominantly male, and men have higher suicide rates.
• -The industry values toughness and strength, often leading to the perception of mental health conditions or seeking help as personal weaknesses.
• -Stigma, fear of consequences, shame, and judgment deter individuals from addressing mental health issues or seeking assistance.
• -Chronic pain resulting from work-related injuries adds to the burden of mental distress.
• The seasonal and cyclical nature of construction workplaces strain on families and finances.
• High levels of stress and deadline-driven work exacerbate mental health challenges.
• Limited job control and long work hours, including extensive overtime, contribute to fatigue and emotional strain.
• Workers being away from their families for extended periods adds to the emotional burden.

While those with access to workers’ compensation are generally protected from physical injuries, mental anguish claims and non-physical pain are often not covered. Even if workers experience severe depression or mental breakdowns, there are limited avenues for pursuit unless there is accompanying physical injury. Workers in the construction industry, like any other individuals, are not immune to experiencing mental health issues. Given the nature of the construction environment, the likelihood of such challenges arising is particularly high.

While mental health is indeed gaining recognition within the industry, it is essential to acknowledge and address the existing barriers that hinder progress. Therefore, it is crucial to prioritize the creation of a mentally healthy work environment and take active steps towards achieving it. Mental health problems can affect anyone, regardless of their role or position in the construction industry. By establishing a work environment that supports and fosters inclusiveness, friendliness, and psychological well-being, significant positive change can be achieved. This can involve implementing policies and practices that promote open communication, destigmatize mental health discussions, provide access to resources and support, and prioritize work-life balance. By valuing the mental well-being of workers, the construction industry can create a more supportive and nurturing environment for all individuals involved and attempt to decrease a need for mental anguish claims. While mental anguish claims typically require an accompanying injury to be legally pursued, their importance should not be underestimated when they arise independently. The absence of a physical injury does not diminish the significance of mental anguish claims. Mental health issues can have profound and enduring effects on individuals, impacting their overall well-being, quality of life, and ability to function effectively, including in their professional endeavors.

Many companies are now recognizing the significant impact of a mentally healthy work environment on workplace safety. Some companies have opted to introduce application-based mental health programs, providing assistance to individuals whenever needed. Others have integrated mental health initiatives into their broader goals for workplace safety, while some have made it a central aspect of their workplace culture. Developing programs such as group therapy classes or providing mentors can further enhance and expand existing efforts in a mentally healthy workplace which becomes important due to the fact that workers often lack the ability to seek help for mental anguish claims through Workers’ Compensation. Consequently, it becomes even more crucial for employers and those in leadership positions to proactively take steps towards creating an environment that minimizes the need for such claims. By doing so, they can promote the well-being and mental health of their workforce.

About the Author

Abby Schuman is from from Denver, Colorado, and currently a rising senior at the University of Wisconsin, pursuing a double major in Political Science and Philosophy. Upon completion of her senior year, she will devote two years to the Teach for America Corps.