Does stress leave have to be a workman's comp claim?

[ConfusedInCalifornia]

I am in California...

Background - I had a work injury on my wrist in March of this year, my employer had me out for 2.5 weeks due to non-accommodation (it was odd, since i was in no way unable to do any type of work, it was a sprained tendon and my employer accommodates much more serious injuries). I returned to work start of April and placed on a performance improvement start of May. This after being with the company 15 months and having received a good review, bonus and pay increase start of March. Since then, my wrist injury has resulted in a MRI showing it remains sprained with a cyst having formed. My medical doctor placed me on stress leave mid May until this past Friday, with my psychologist requesting an extension through end of July. I believe that is FMLA covered? As far as protecting my job. I have an attorney - who does not specialize in workman's comp, only employment law - and he is on vacation until next week. he is representing me on a retaliation claim against my employer.

Question- My stress leave is due to my boss retaliating against my initial workman's comp injury by making me seem no less than incompetent at my job. Does my stress injury have to be a workman's comp claim? My employer is pressuring me into it. They posted my job on their open positions section of our website 6/5. Without my attorney available to speak, I am beyond confused as to how to proceed today. This minute.

Help!! Please.

thank you!
Carmen

[1171]

yes, an injury do to working conditions is subject to work comp injury laws; however you are not required to accept benefits.

[ConfusedInCalifornia]

1171 Wrote:yes, an injury do to working conditions is subject to work comp injury laws; however you are not required to accept benefits.

Thank you for your response! Just to clarify - I was denied state disability benefits and paid family leave. I just received that letter this morning from the Employment Development Department of CA. Does that leave me with no choice but to file workman's comp in order to get paid via that route?

May I appeal the denial of state disability?

I appreciate any help!!

Thank you all.

[1171]

yes you can appeal sdi decisions..
you should be able to use vacation and sick leave from your employment.
if you will be disabled for a year or more you
can try ssdi.
http://www.socialsecurity.gov/disability/

P.S. you can add a discrimination complaint to your work comp claim but it'll have to litigated
see guide 7
http://www.dir.ca.gov/dwc/iwguides.html

[ConfusedInCalifornia]

My employer only paid 3 days of my absence - out of my vacation\pto time. My employer told me that after 3 days, SDI would kick in so I wouldn't be without any means of pay. You stated in your first reply that I can claim my stress as a workman's comp claim as it is directly due to work (retaliation against my wrist injury), but can choose to not accept benefits. What does that mean exactly? Thank you so much, 1171.

[1171]

it's not really up to you as to whether you have a work injury claim or not. the law requires the employer as well as the doctor to file.
it's not voluntary to report a work injury but it is voluntary to accept benefits.