Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Cali WC PTSD
#1
wLocated in Cali,
I had a hostile work environment long story short
1.tugs at my hair
2.sexual remarks
3.bringing up medical history
4.calling me the b word
5.sending me on personal errands outside of job description 

I worked with this company for 4 yrs then the last  1 1/2 was he'll I started to drive home crying,then came panic attacks and constant work flashbacks leading me to go on medical leave they approved medical leave and still on it. I then brought up everything to HR and it was a 2/3 email exchange then I was ignored so I got a lawyer on my drs. Recommendation saying work is the cause of PTSD I've seen 3 drs all confirming this... I got denied workers comp and now the company wants to pay me  a settlement. About 8months worth of pay and for me to resign and close the case. I'm. At a los because I I have to be medicated now and still wake up crying with dreams from work..my lawyer is leaning to settle because he says it's all mental if we go forward that I might lose all the money because court can't see mental trauma.. I wish they could I have been home bound for a yr and a half now and I panic at the thought of leaving home for fear of getting hurt like work
Any advice is appreciated !
 
Reply
#2
Hi I am sorry for what you are going through.

I do not know if anyone can give you advice about what to do as far as settlement.

Is your claim currently denied and did you ever go to a QME or AME evaluation? The process is when a claim is denied to have a QME or AME evaluation and they determine if it is industrial. Also are you on state disability and are you receiving treatment for your psych injury?

This is a link that has the basic WC laws for California.

http://www.dir.ca.gov/dwc/SB863/SB863_Overview.htm
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.
 
Reply
#3
are you referring to a worker's comp settlement?
if so, you need a rating and medical evidence.
or is this for an action outside of workers comp?

stress and psychological/emotional claims are so subjective, they can be difficult to litigate.
witness statements, personnel records, depositions etc. need to be gathered. for many attys the amount of work, long litigtion process, and the high risk of no fee make earlier settlements attractive for both them and their clients.

you do have the right to file a discrimination complaint with the DFEH:
http://www.dfeh.ca.gov/res/docs/Publicat...62.pdf.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.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Settling Future Medical for PTSD Shortfuse 4 4,997 04-10-2016, 02:15 AM
Last Post: Shortfuse
  Ptsd denied 2015sh 2 1,712 09-09-2015, 03:26 PM
Last Post: California_Help
Shy Settlement and Buy Out in Cali... cookfamily 22 20,658 12-14-2014, 05:54 PM
Last Post: California_Help
  Where do I go from here PTSD powerfulhurtin' 3 3,773 07-23-2013, 09:20 AM
Last Post: Milo
  PS in Cali? I think NOT! inquiringMIND 5 4,213 12-15-2011, 04:02 PM
Last Post: inquiringMIND
  RN with PTSD needs Reasonable Accomodation chasnrnbos 9 9,995 11-21-2010, 01:11 PM
Last Post: nursedina
  Dr Authorizations - Cali MrsMitch 1 2,956 08-11-2010, 06:57 PM
Last Post: 1171
  TTD to PPD - Cali MrsMitch 2 3,918 08-11-2010, 11:44 AM
Last Post: MrsMitch
  Ssttlement in Cali questions sputnick71472 1 3,106 06-13-2010, 03:02 PM
Last Post: 1171
  AME finally done in Cali livinlyfe 6 4,518 03-24-2010, 07:02 AM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)