I have been working for this doctors office for 3 years . For the past year and a half I have been bullied and singled out . My doctor took me off work for 1 month for stress and anxiety last week .
My question is...can I collect state disability and file a work comp claim ? and should I get an attorney ? I heard that my employer fires employees who file work comp claims. I am so confused and scared . Any advice is sure appreciated .
07-22-2008, 09:04 PM
(This post was last modified: 07-22-2008, 09:06 PM by chrischris.)
1. If you pay into State disability, then you can file for State Disability if off work due to injury/illness.
2. If your stress is work related, you can file a work comp stress claim. Your employer cannot fire you for filing a claim.
3. You will have a hard time to find an attorney in California to take on just a "stress claim". WC attorneys are paid 12-15% of your settlement and most stress claims are hard, if not impossible to prove. The insurance company will fight a stress claim tooth and nail.
You can call and consult with an attorney over the phone and get advice.
My question is what are you doing for the month you are taken off work? Are you seeking medical help? Are you recovering?
If you do file a WC Stress Claim, you are covered for related medical up to $10,000 during the 90 day investigation period.
The best thing to do is become familiar with the laws of California.
At the top of this page, pull down State Info, then California.
If you don't want to go thru hell with WC then simply quit and find another job.
I wish you the best!
Let Go, and Let God......
Make sure you file a claim form for any injury claim.
You can collect SDI while the comp claim is pending.
what do i do for the 90 days of investigation (if it takes that long ) ? will i have to go back to work ? or will WC pay me ?
07-24-2008, 02:01 PM
(This post was last modified: 07-24-2008, 02:05 PM by chrischris.)
meyea Wrote:what do i do for the 90 days of investigation (if it takes that long ) ? will i have to go back to work ? or will WC pay me ?
WC will only pay your medical up to $10,000 during the investigation period, then if not accepted by 90 days, all medical stops and you are on your own.
My stress claim is 15 months into the investigation period and hasn't been accepted yet. (denied on day 90)
You have to go back to work if your doctor releases you or your employer will terminate you.
Let Go, and Let God......
During the 90 day investigation will I see a WC doctor ? Who accepts or denies your claim ?
07-24-2008, 08:04 PM
(This post was last modified: 07-24-2008, 08:04 PM by 1171.)
it depends on the issues; some are legal and don't require a medical opinion.