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Stress and Health Claim??
#1

Hello everyone,

I am new here and want to thank you in advance for your assistance.

I have been put on medical leave due to being overwhelmed with my workload and having to endure a hostile work environment. I have continuously asked for help with the workload and have reported the hostile environment several times and nothing has been done about either. I requested help on Monday and reported an employee for breaking company rules while being on the clock. The problem is that the person that I reported is my supervisors daughter and I was sent an e-mail stating that I needed to take the next day off to “Think long and hard if I wanted to be employed there” and that I may not return to the office until I meet the owner and my supervisor off-site to discuss my employment.

When I started this position almost two years ago, I was on one medication once a day for high blood pressure. I have sense been hospitalized twice and am now on 4 medications 3 times a day to control anxiety and Blood Pressure.

I am now on medical leave and my supervisor keeps e-mailing me and asking me to do work. I just responded that I am on medical leave due to the stress and harassment at work and not seen fit by a medical doctor to work and that I can not assist her at this time.

Can I file a claim for a stress related injury?
Reply
#2

you can file a claim for anything but in order to have it accepted and to receive workers compensation benefits you will need a medical opinion supporting your need to be off work and that its caused by your job.
mental stress claims have other more stringent criteria in order to qualify for benefits:
It cannot be the result of a good faith personnel action and you have to be employed for at least 6 months.
if your employer has not provided you with a claim form, there is one here
http://www.dir.ca.gov/dwc/DWCForm1.pdf

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

Can you explain why you say hostile work environment? What is it, that is hostile?

Thank you

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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#4

Please read the experiences of the employees that unfortunately we are in a labor claim; There is no environment more hostile and unfair than this, I advise you to try to speak with the human resources manager of your employer, my opinion that unless it is a really bad medical situation you avoid it, the hell of a compensation claim to the injured worker ... your employer's insurance attorneys, "independent" medical exams, and the icing on the cake ... the friendly, professional, and cute defense attorneys ... think about it.
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#5

Laisabeck is spam post; not a legit work comp issue.
Its used to insert ads thru use of embedded link on many forums. No need to respond.

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.
Reply
#6

Yes you can file a claim. It's our right to take leave. Most of the people are suffering from depression due to work overload because they take too much stress.
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#7

(05-17-2021, 12:31 PM)jennifer90 Wrote:  Yes you can file a claim. It's our right to take leave. Most of the people are suffering from depression due to work overload because they take too much stress.

Leave can be used for a number of situations and is not necessarily disability and under comp rules.

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.
Reply
#8

That doesn’t mean the doctor did not approve the PA’s opinion. If You think the PA acted without the doctor’s authority, report them to the state medical board.

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.
Reply


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