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Feel like I do not have any hope/depression
#1
Exclamation 
I had an injury in May of last year. I lost my footing and injured my ankle. Thought I would get better but didn't. Told my supervisor about the injury and he finally told HR in September. HR was upset when they talked to me, and said I could submit a claim to Workers Comp if I wanted to. I said yes I would like to. As soon as I submitted the claim all the supervisors started to treat me different and tried to find fault with everything I did. I was even told by my supervisor that I had to take medical leave now! I did not want to miss work (was going for therapy) and it was downhill from there. Everything I did was wrong. My life was made miserable but I kept on working despite the terrible treatment I was getting. In December of last year they told vicious lies to the owner of the company about me and she took me into her office - showed me a letter from my supervisor stating lots of ficticious things about me from the supervisor. (a copy of the letter was never given to me - evn though I continually requested it)She screamed, bullied and harrassed me for what seems to be an eternity, and then proceeded to kick me out of her office. She screamed so much she was spitting at me. I eventually became too ill to work, depression/panic attacks. Their insurance company offered me $10,000. to settle. I told them I may take $20,000. just to end this situation/get therapy and try to go on with my life. Insurance said claim will be denied but I can appeal. I am in Northern Califonia and need some help on what to do next. The management had also kept asking me if I was ready to retire. I am 61 years old.
 
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#2
when the problems have gone on that long you need professional help.

for help with depression talk to your physician about a referral for counseling.
for help with your comp claim get an atty;start here:
caaa.org
for help with employment discrimination get a employment law atty.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(05-16-2014, 11:48 AM)1171 Wrote: when the problems have gone on that long you need professional help.

for help with depression talk to your physician about a referral for counseling.
for help with your comp claim get an atty;start here:
caaa.org
for help with employment discrimination get a employment law atty.

Thank you so much.
 
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#4

You really need to hire a work comp attorney. I agree with 1171.

If you or your attorney file an additional stress claim, your employer can depose you and it can get even more stressful. In California legislation passed 1/1/2013 that stated there could not be any PD payment due to secondary stress claims, however they may provide treatment.

I recommend documenting what has occurred with your employer, at home.

Try not to let this stuff get to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#5
just to clarify what could be confusing information:
if there is a psychiatric disorder like depression that is not due to the physical injury, full comp benefits are available.
whether such a condition is secondary is a legal determination based on medical evidence.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
You really need to speak with a lawyer and not take any settlement right now. You might think $20,000 is a lot of money but if you seek treatment after you settle it could cost more then that to cover the bills
 
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#7
(05-16-2014, 02:53 PM)California_Help Wrote: You really need to hire a work comp attorney. I agree with 1171.

If you or your attorney file an additional stress claim, your employer can depose you and it can get even more stressful. In California legislation passed 1/1/2013 that stated there could not be any PD payment due to secondary stress claims, however they may provide treatment.

I recommend documenting what has occurred with your employer, at home.

Try not to let this stuff get to you.

I do not understand. What is a PD payment? My job has been stressing me out for some time, but recently they pushed me over the edge and caused my depression. I am on State Disability, they have not paid me anything. My physical injury for my anke has been denied by the insurance. My employer is making my life as miserable as possible. I have received nothing from the worker's comp at all. I feel like they have the money and the big guns and I am not going to be able to handle all of this. I have always been a very positive happy person, this is not where I want to be, I feel like I am losing control. I tried contacting a few employment attorneys with no luck. No call backs. I did get an attorney for my ankle but I am unable to reach him, and his staff is no help. I am just at the end of my rope. I really need help. thanks so much for all your responses.
 
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#8
(05-16-2014, 04:53 PM)Manley2 Wrote: You really need to speak with a lawyer and not take any settlement right now. You might think $20,000 is a lot of money but if you seek treatment after you settle it could cost more then that to cover the bills
I will speak to an employment attorney if I can find one who will call me back. Thanks!
 
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#9
If you have already hired a workers compensation attorney, and cannot get a call back I suggest asking for an appointment with him.
It is not a good sign you have not received a call back, but this can happen, and does a lot with many attorney's.

I suggest talking to your workers compensation attorney about the treatment/stress you have had at work.

If your claim is denied, your attorney should be attempting to send you to an evaluation by a doctor called a QME or AME. They will determine if your injury can be accepted, or at least the first step for that to happen.


This is information about psychiatric claims. There are certain circumstances where a psych claim can receive benefits other than medical treatment for injuries that occurred post 1/1/2013.

http://www.glaserforensic.com/blog/94-ps...ill-viable

"Labor Code § 4660.1©(1) excludes, with some limitations, the ability to obtain impairment ratings for psychiatric disorder, arising out of a compensable physical injury” Subsection 2 provides exceptions for psychiatric injury where the employee is a victim of a violent act or direct exposure to a significant violent act within the meaning of Section 3208.3. or the result of catastrophic injury, including, but not limited to, loss of a limb, paralysis, severe burn, or severe head injury.

The next phrase which needs to be emphasized is: “arising out of a compensable physical injury ….”. By its very terms, Labor Code section 4660.1©(1) does not preclude “increases in impairment ratings” for sleep disorders, sexual disorders and psychological/psychiatric disorders which occur as a direct result of the industrial injury itself. What this means in the specific context of psychological/psychiatric disorder claims is that an injured worker may still receive permanent disability compensation: (1) in cases where the primary injury is to the psyche (so called “mental-mental claims”); and (2) in cases of traumatic brain injury; and (3) in cases where the psychological/psychiatric disorder directly results from an underlying industrial event which is inherently psychologically traumatic (e.g., PTSD)."

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#10
(05-16-2014, 10:57 PM)California_Help Wrote: If you have already hired a workers compensation attorney, and cannot get a call back I suggest asking for an appointment with him.
It is not a good sign you have not received a call back, but this can happen, and does a lot with many attorney's.

I suggest talking to your workers compensation attorney about the treatment/stress you have had at work.

If your claim is denied, your attorney should be attempting to send you to an evaluation by a doctor called a QME or AME. They will determine if your injury can be accepted, or at least the first step for that to happen.


This is information about psychiatric claims. There are certain circumstances where a psych claim can receive benefits other than medical treatment for injuries that occurred post 1/1/2013.

http://www.glaserforensic.com/blog/94-ps...ill-viable

"Labor Code § 4660.1©(1) excludes, with some limitations, the ability to obtain impairment ratings for psychiatric disorder, arising out of a compensable physical injury” Subsection 2 provides exceptions for psychiatric injury where the employee is a victim of a violent act or direct exposure to a significant violent act within the meaning of Section 3208.3. or the result of catastrophic injury, including, but not limited to, loss of a limb, paralysis, severe burn, or severe head injury.

The next phrase which needs to be emphasized is: “arising out of a compensable physical injury ….”. By its very terms, Labor Code section 4660.1©(1) does not preclude “increases in impairment ratings” for sleep disorders, sexual disorders and psychological/psychiatric disorders which occur as a direct result of the industrial injury itself. What this means in the specific context of psychological/psychiatric disorder claims is that an injured worker may still receive permanent disability compensation: (1) in cases where the primary injury is to the psyche (so called “mental-mental claims”); and (2) in cases of traumatic brain injury; and (3) in cases where the psychological/psychiatric disorder directly results from an underlying industrial event which is inherently psychologically traumatic (e.g., PTSD)."

I do not understand what you mean by a 2ndary claim? I was stressed out from the way I was being treated at work but I was not depressed until the owner took me in her office and yelled & screemed at me for a very long time, calling me many names. Do I qualify to file a claim?

 
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