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If I hire a workmans comp attorney is it still a challenge to receive workmans comp benefits for a stress harassment claim?

El Monte, CA |

I have proof that employer cut my pay, harassed me, have witnesses and documents to back my claims. I also have multiple doctors backing me. I don't know if I can win easier if I hire an attorney or even if I hire an attorney do i still face uphill battle in future

Attorney Answers 4

  1. Best answer

    Absolutely. Insurance carriers love to deny workers' compensation claims that are psyche only. If you believe you have been subjected to harassment at work, consult with an attorney experienced in employment litigation. You may potentially have claims that are outside the realm of workers' compensation.

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  2. Stress claims in workers compensation have been difficult and are getting even more difficult to pursue. You will have an uphill battle regardless of whether you get an attorney or not. I do not believe that you have any chance without an attorney. There is not sufficient information to determine whether you have a vialble claim or not. Mr. Polodsky is correct that you should consult with a labor attorney to see if you have a case in the labor law arena.

  3. You have a consultation with an attorney. Most attorneys offer free consultations to consider the facts and whether they will take your case. Good Luck!

  4. BIG uphill battle. Your life will be an open book with finances, sex history, criminal past, broken relationships, family tension, etc. You will be under Oath, so the answers must be true. Even then, you may not pass the threshold causation tests. At that point, you have already talked about yor erectile dysfunction, bed-wetting, Ex-BF's restraining order, estranged children, that sexual predator misunderstanding, and the outstanding tax bill from your last divorce. At long last, the secret Tell-All book that you never wanted to see, let alone narrate.

    I am not saying that you cannot bring a Psyche Claim for job dissatisfaction; I am saying that the personal cost is generally higher than the recovery.

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