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Work related/induced stress & workers comp
#1
Shy 
.I'm in NC and have a lot of job related/job induced stress and anxiety that is affecting my heart and health.....a friend said she had read that work related/work induced stress is now covered under workers comp. Is this true? I've recently been taken to hospital by ambulance from work, due to an extremely stressful day and would like some answers please. I have both short term/long term disability through work and have also been encouraged to file for SS disability due to my health, anxiety and stress.....I need some answers please, especially since I'm in NC and can't afford a lawyer. Any help greatly appreciated.
 
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#2
Work comp lawyers are not paid upfront; their fees come out of any indemnity benefits received.
Whether it will be covered or not depends on the medical evidence available in each specific case.
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
(06-08-2017, 02:13 PM)heartworkerNC Wrote: .I'm in NC and have a lot of job related/job induced stress and anxiety that is affecting my heart and health.....a friend said she had read that work related/work induced stress is now covered under workers comp. Is this true? I've recently been taken to hospital by ambulance from work, due to an extremely stressful day and would like some answers please. I have both short term/long term disability through work and have also been encouraged to file for SS disability due to my health, anxiety and stress.....I need some answers please, especially since I'm in NC and can't afford a lawyer. Any help greatly appreciated.

I feel compelled to write you. I would not say this to anyone with an injury such as a broken bone or other type of physical injury, but for mental health injuries like yours I want to give you my two cents. I live in NC now, but used to live in CA and I actually went out on two separate stress Leaves of Absence (LOA) where it was noted by a non-biased state authorized work comp doctor (in CA called a Qualified Medical Examiner - QME) that nearly 100% of my stress came from or 'arose out of' my employment. I had the support of a QME for the full 7 years - on and off as needed. I had documented harassment - in writing in several emails from many parties including my HR department. I had documented reductions on my merit ratings due to my 'disability' and that is supposed to be illegal - and again as far as a paper trail, it was really incredible what I was able to provide/demonstrate...I could go on and on - but you get the idea. It took me 7 years...yes...7 years from onset of disability to the date of my awareness change. 7 years of giving away my health and my livelihood.  During that time I was actively wading through the red tape of one sort of problem or another with my paperwork, from doctors to HR documentation to reports to insurance etc. - and those problems also included being DENIED treatment by my PRE-DESIGNATED and AUTHORIZED Treating Physicians, being DENIED benefits by my private short and long term disability provider (Prudential Insurance Company of America) which doesn't even make sense (they kept changing why I was denied, each time I would give them proof that their denial was moot, they would change it to be denied for a new reason, until I was out of appeals and would need an ERISA attorney to fight them further) and I've been DENIED by Social Security too. I went on my second LOA in 2/2015 and was fired while on LOA and while protected under ADA, in 2016. In January of this year I won my work comp case at trial - on all counts - and the court order has not been complied with. My only option would be to take them back to court but you see, my work comp lawyer was already paid. So...what's in it for him or his firm? Nothing.

NONE OF IT WAS WORTH IT.  Your health is not worth sacrificing for the benefit of everyone but you. Your health is a gift, hold on to it and let the other non-sense go. Take charge of your own life and empower yourself. I do not regret anything I went through as I am choosing to use my experiences to my benefit. Not everyone feels the same way about things and I can appreciate that.

I made a stand and refused to allow the doctors to medicate me (for my second LOA...I was medicated on my first LOA). The second time I was aware that I wasn't the problem. I could effectively understand that I wasn't involved in what would be considered a 'normal' work environment. It was 'extra-ordinary' and I made sure doctors were aware of this when working with me, so they would understand that yes, I needed ongoing treatment, but not with pharmaceuticals because there was nothing wrong with my ability to function under normal conditions. What I needed help reconciling, was how there were all these layers of assistance that were in place, I was led to believe, to help me should something 'like this' occur. Well, it occurred! And guess what? Not one agency or company or insurance representative, etc. did what they were paid to do. I'm not saying this will be the case for everyone, but I can absolutely tell you that is how it went for me. I pulled my claim files with the hospital, the insurance companies etc. and read all the interesting internal documents...and you know what? Internally they actually had various people chiming in on their thoughts about me, and let me tell you, it was quite something to see written in my file what total strangers noted as their personal judgement solely based on the file of someone dealing with a mental health condition. I went into my 'diagnosis' with no stress outside of work. I ended up fired, broke, alone, and with a historical medical record that implies I have some personality disorders and can't get along with people. In CA, medical records do not have the attached 'Treating Physician' doctor reports as to what the exact issues are.

I was told that there are all these laws and rules that were in place to prevent exactly what I was dealing with, and none of the outlets I turned to for support honored those laws and rules. When you are already dealing with a diagnosis of Anxiety/Panic/Adjustment Disorder type symptoms (plus insomnia, and then later add in major depression) it is quite an uphill battle to further start to fight against false documents and accusations in an effort to get the benefits due. Which reminds me, my judgement from my trial was with two bonuses, two 25% penalties due to the way my case was handled and the delay of my benefits. Those types of penalties, as I understand it, are not a common thing. Again, I won my case from start to finish and have nothing to show for it because they are still not complying and in the end, I feel I won only because I grew to appreciate the gift I was given...which is the peace of mind that I no longer need that environment or those things. I am grateful for what I went through, because it caused a whole awareness shift in me that I otherwise wouldn't have had. I guess 7 years late is better than never, right?? PM me if you want to talk some more.
 
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#4
I'm responding because, like the OP I live and work in NC. I'm also recovering from PTSD related to my employment. It seems that my last 20-30 years of employment involved highly stressful elements as most employment does for a certain demographic segment anymore.

The following factors are directly related to long term health IMO:

1. The 'diversity-inclusion' racket. Translated: you're often working along side of certain 'protected status' people who are openly hostile and rarely qualified for the position - (mis) management is wholly included.

2. Company 'shills'. Translation: People showing up out of the blue with no obvious experience or knowledge of your craft. Strangely, they know more than you do, make WAY more money than you do (they claim) and tell you that you are unfit for your job when you question their 'credibility vacuum'. They hang around management types at every opportunity and are the 'darlings' of same.

3. Bait and switch. Translation: You were promised you would start at an attractive pay and probably be making x amount of dollars within a given time frame. Truth is you will NEVER earn what you were told the starting salary was going to be as it is mathematically impossible. A common tactic used by employers to fill empty positions - turnover isn't important, if my final employer is any example. 20 years ago, virtually no turnover. Today, probably the highest turnover in the industry and they are still considered the best company to work for in the job category, despite the last pay raise (for my job classification) was over 15 years ago. These employers tend to be crawling with shills. Paying for the services of shills must be more cost effective IMO.

For the younger people entering the workforce: It won't be easy but it will help if you follow the advice of knowledgable and seasoned workers.
 
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#5
Need many resources of help regarding my attorneys behavior.Before injury.I was healthy,active,fun,and most of all happy.A few years ago I was asking to help open a new recycling center in California.In which I became the only female worker.Working with scrap metals such steel,copper,aluminum,brass,and so on.Helping customers devide there unsorted metals into different containers.When not have any requested hello g hands from other staff,I was forced to work all e with decided metals up onto a scale to get weight of material to then be paid out accordingly.Not realizing how hard I had to carry over 172lbs onto the scale my lower back went bump and a little blackout.Pain then followed.I requested to see a Dr.But employer wouldn't give me and information about company insurance.I had to go to my own private Dr.And he said there isn't anything wrong.So much to experience.Findings were.With spinal injury to the lower regain.Blushing,herniated,then now degenerative disk disorder.I'm 47 now my total person impairment is at 26% .Can someone please let me know what exactly am I entitled to from the insurance company?Please help with any info.Anything's a hint of an idea.
 
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#6
a listing of the benefits available is here
http://www.dir.ca.gov/dwc/WorkersCompens...nefits.htm

your Impairment has to be rated for permanent disability determination; there are a number of variables.
you can learn more about PD here(fact sheet D)
http://www.dir.ca.gov/dwc/iwguides.html
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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#7
P.S.
to file an atty complaint go here
http://www.calbar.ca.gov/Public/Complaints-Claims
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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