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medical leave for assault/harrassment at work - Printable Version

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medical leave for assault/harrassment at work - mollymoo - 08-11-2009

In California, I was severely harrassed and verbally assaulted in a private meeting at work. Told to shut up, and stay put, not able to defend myself in any way. I was harrassed so severely that I went directly home and got sick all night.

I now am having panic attacks while I'm at work, and have gone to see a Dr. for a prescription for anti-anxiety meds. The doctor offered to give me a note to allow for me to take some time off work to recover.

I want to take the note from the doctor, but am afraid that my employer will deduct this time off from my vacation pay. Does worker's comp cover this time off since it is an emotional injury that occured at work?


RE: medical leave for assault/harrassment at work - chrischris - 08-11-2009

First, you have to file a stress claim. You will then be covered for up to 90 days for up to $10,000 in medical expenses while the claim is either accepted or denied. You can choose the doctor, and you should choose a good psychologist. However, any time off is on your own dime. If your employer has over 50 employees, you are covered by FMLA for up to 12 weeks of job protection, but not paid time off.

Do I know you? Your situation and employer sound like mine.

My stress claim was filed in May 2007 and yet to be accepted even though I've had more than 4 doctors report my claim is 100% work related. Stress claims are not liked, and are usually fought tooth and nail. You will need an attorney. The doctor that first dx'd me told me to file a claim, and I did exactly as I was told. My adjuster told me to file a claim. If someone told me to jump off the Golden Gate Bridge, I would have done it. I couldn't make a decision on my own after my breakdown at work.

My position was eliminated twice when I returned to work, and so I retired as of 5 days ago. I had no other choice as I used up all my sick leave and vacation leave trying to recover. They wore me down to only a fraction of my old self; with no self-confidence, and the feeling that I was worthless.

Don't mean to scare you, but telling you how it is. It is not an easy road to travel. But, you have to make the decision.


RE: medical leave for assault/harrassment at work - Cycler - 08-12-2009

There are stress comp claims in Ca. ?? huh....


RE: medical leave for assault/harrassment at work - chrischris - 08-12-2009

Yes! However, I believe it is the only work related injury that is not considered "no fault". The employee has to "prove" the stress injury was/is work related.

Q. What is a stress claim?
A. A psychiatric injury is compensable if it is a mental disorder that caused a disability or the need for medical treatment, based on a diagnosis using language and criteria accepted nationally by practitioners in the field of psychiatric medicine.

For a psychiatric injury claim to be compensable, however, the following must apply:

The employee must have been employed for at least six months (need not be continuous) unless the psychiatric injury is caused by a sudden and extraordinary employment condition.
The employee must demonstrate by a preponderance of evidence that actual events of employment were predominant (not less than 51%) as to all contributory causes.
For employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee must demonstrate by a preponderance of evidence that actual events of employment were a substantial cause (35-40%) of the injury.
No compensation is due in the following situations:

Claim is filed after notice of termination or layoff unless special conditions exist.
Psychiatric injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action.