Unmasking the Impact of Sleep Apnea and Shift Work Sleep Disorders
Conditions like sleep apnoea and shift work sleep disorder (SWSD) can severely undermine a worker’s health, safety, and performance, particularly in industries reliant on shift schedules. Sleep apnoea, characterised by interrupted breathing during sleep, and SWSD, a circadian rhythm disorder common in those working non-traditional hours, can lead to chronic fatigue, reduced alertness, and an increased risk of workplace accidents and errors.
If an underlying work-related factor has caused or significantly aggravated your sleep disorder, or if your work duties are made more dangerous due to such a condition leading to an injury, you may have grounds for a workers compensation claim. PK Simpson can help explore these complex interactions and fight for the compensation you deserve.
The Silent Threat to Workplace Safety
The association between sleep disorders and work injuries or sleep-related accidents, poor work performance and workplace accidents has been studied. Workplace injuries, hypertension, stroke, cancer, obesity, diabetes, anxiety, irritability and depression caused by shift work sleep disorders have been reported in various studies.
Consider the vital, often life-saving tasks some shift workers carry out. From doctors and nurses in EDUs to paramedics and police, an SWSD is the last thing these workers and the community need. Police must make quick decisions, and healthcare workers must make life-and-death choices. Understandably, shift work is now becoming widely known as the silent threat to workplace safety.
Rotating Shifts Have a Greater Impact on Workplace Safety
Rotating shifts are accident risk factors with a far more significant impact than permanent third-shift employment. The study also revealed people who work rotating shifts for 10 years can have brain function loss equal to 6.5 years of age-related dementia.
Sleep Apnea Problems For Workers
While sleep apnea may produce loud snoring, it’s more than just an annoyance. This sleep disorder involves repeated pauses in breathing, each potentially depriving your body of oxygen and increasing your risk of health complications, even death if left untreated. Symptoms include excessive daytime sleepiness that can lead to occupational accidents, frequent snoring, and morning headaches.
Sleep apnea, sleep disorders and injuries due to a workplace accident are related, and compensation may be available to eligible sufferers. Contact a lawyer at PK Simpson today.
There are two types of sleep apnea:
Obstructive Sleep Apnea Syndrome (OSA):
This is the most common where your airway becomes blocked repeatedly during sleep. Causes include excess weight and obesity, resulting in extra tissue around the neck that narrows the airway. A larger neck is also associated with an increased risk of developing sleep apnea, as is a narrow throat due to a smaller jaw, large tonsils, or other structural features. Other factors include the following:
Medical conditions:
Hypothyroidism, allergies, and nasal congestion can contribute.
Sleeping position:
Sleeping on your back can worsen OSA by allowing gravity to obstruct the airway further.
Hormones:
Hormone imbalances can affect muscle tone and tissue sensitivity.
Age:
Muscle tone naturally decreases with age, increasing the risk of airway collapse.
Central Sleep Apnea (CSA):
This occurs when the brain fails to send signals to your breathing muscles, causing pauses in breathing, sleep deprivation and poor sleep quality. Causes of CSA include heart failure that can disrupt the brain’s control of breathing and low oxygen levels in high altitudes. Other causes include neurological disorders and conditions affecting the brainstem or spinal cord.
Other causes include:
- Medications: Certain medications can suppress breathing signals.
- Other medical conditions: Stroke, chronic pain, and lung diseases can contribute to CSA.
It’s important to note that some people have a mixture of both OSA and CSA and certain risk factors, like family history. If you think you might have sleep apnea, it’s crucial to consult a healthcare professional for diagnosis and treatment.
NSW Workers Compensation Criteria for Rating Permanent Impairment Due to Air Passage Defects
Class 1a: 0-5%
| Criteria | Description |
| Percentage Impairment | 0-5% |
| Symptoms | Significant difficulty in breathing through the nose. |
| Examination Findings | Significant partial obstruction of the right and/or left nasal cavity or nasopharynx or significant septal perforation. |
Class 1: 0-10%
| Criteria | Description |
| Percentage Impairment | 0-10% |
| Dyspnea at Rest | No |
| Dyspnea with Activities | Not produced by walking freely, climbing stairs, or other usual activities of daily living |
| Stress Exacerbation | Not produced by stress, prolonged exertion, hurrying, hill climbing, or similar activities requiring intensive effort |
| Examination Findings | Partial obstruction of the oropharynx, laryngopharynx, larynx, upper trachea, lower trachea, bronchi, or complete (bilateral) obstruction of the nose or nasopharynx. |
Class 2: 11-29%
| Criteria | Description |
| Percentage Impairment | 11-29% |
| Dyspnea at Rest | No |
| Dyspnea with Activities | Not produced by walking freely, climbing one flight of stairs, or other usual activities of daily living |
| Stress Exacerbation | Produced by stress, prolonged exertion, hurrying, hill climbing, or similar activities (except sedentary forms) |
| Examination Findings | Partial obstruction of the oropharynx, laryngopharynx, larynx, upper trachea, lower trachea, bronchi, or complete (bilateral) obstruction of the nose or nasopharynx. |
Class 3: 11-29%
| Criteria | Description |
| Percentage Impairment | 11-29% |
| Dyspnea at Rest | No |
| Dyspnea with Activities | Produced by walking freely more than one or two level blocks, climbing one flight of stairs, or other usual activities of daily living |
| Stress Exacerbation | Produced by stress, prolonged exertion, hurrying, hill climbing, or similar activities |
| Examination Findings | Partial obstruction of the oropharynx, laryngopharynx, larynx, upper trachea, lower trachea, or bronchi. |
Class 4: 50-89%
| Criteria | Description |
| Percentage Impairment | 50-89% |
| Dyspnea at Rest | Yes, although individual is not necessarily bedridden |
| Dyspnea with Activities | Aggravated by the performance of any of the usual activities of daily living beyond personal cleansing, dressing, or grooming |
| Examination Findings | Partial obstruction of the oropharynx, laryngopharynx, larynx, upper trachea, lower trachea, and/or bronchi. |
Class 5: 90%+
| Criteria | Description |
| Percentage Impairment | 90%+ |
| Dyspnea at Rest | Severe dyspnea occurs at rest and spontaneous respiration is inadequate |
| Ventilation Requirement | Respiratory ventilation is required |
| Examination Findings | Partial obstruction of the oropharynx, laryngopharynx, larynx, upper trachea, lower trachea, or bronchi. |
Treatment Options For Sleep Apnea
Chronic pain from a work accident injury may cause workers to need strong medication, which can cause obstructive sleep apnea. It’s estimated one in four men over 30 have some degree of sleep apnea, but the condition is treatable and includes specific lifestyle changes.
These may consist of losing weight, quitting smoking and cutting back on alcohol consumption. A continuous positive airway pressure (CPAP) device that blows air into the throat to stop it from collapsing can be worn while sleeping. Other treatment options include surgery and dental devices.
Shift Work Sleep Disorders SWSD
Those working late night, early morning and rotating shifts are prone to developing sleep disorders, which can cause industrial accidents. Public sector workers are included in this cohort, as are third-shift manufacturing and overnight construction crews.
The modern economy has global traders and stockbrokers, and IT workers also belong to this category. The problems encountered by shift workers with SWSD include poor work performance, stress, work-related traffic accidents (including truck drivers) and excessive sleepiness due to sleep disorders. Sleep disorders can also affect a person’s mental health.
Treatment for Shift Work Sleep Disorders
Treating shift work sleep disorders focuses on both individual and workplace strategies. Lifestyle tweaks like consistent sleep schedules, napping, and light exposure adjustments are essential for individuals. Sleep specialists might recommend melatonin, sleep medicine for night shifts, or light therapy for day shifts.
TPD and Compensation For Sleep Apnea and SWSD
To claim TPD or workers’ compensation for your sleep disorder, you need to prove that it is connected to your work and demonstrate a clear link between your sleep apnea and your work activities. This could include exposure to dust, fumes, or other irritants that worsen your sleep apnea or if your job significantly disrupts your sleep patterns.
To claim Workers’ Compensation for sleep disorders, you must prove:
The severity of your condition
Your sleep apnea, or SWSD, must be diagnosed and considered severe enough to impact your ability to work. This is typically determined by the Apnea-Hypopnea Index (AHI) score.
Medical evidence
You need solid medical evidence linking your sleep apnea to your work and its impact on your ability to perform your duties.
For TPD for sleep problems and work injuries, you need to demonstrate that your sleep apnea or shift work sleep disorder is severe. It also must be proven that your sleep problem prevents you from working in any gainful employment, not just your current job. This requires more stringent criteria than workers’ compensation.
What you need to prove for TPD: The impact on your daily life
The disability must significantly impact your ability to perform daily activities beyond work.
Call PK Simpson Work Injuries Lawyers Today
We work with expert sleep specialists who can link and diagnose your sleep disturbance condition to your work injury thereby increasing your whole person impairment for your physical injury.
Each case of workers’ compensation or TPD is assessed individually, and the decision ultimately rests with the relevant authorities. Seeking legal advice from a specialist lawyer such as PK Simpson, who is familiar with workers’ compensation and TPD claims, is highly recommended. Contact us here.