I was a a job and informed the necessary parties (internally) about the stress/disrespect/hostility from my supervisor. HR did not manage these claims to my liking, I was even taken off work for a while and placed on medication for job related anxiety and physical symptoms. I have since been fired (2011) and my legal wrongful termination case dismissed. Am i still able to take civil action or make a worker mans comp claim?
Employment / Labor Attorney
You may be able to make a workers' compensation claim, although it appears that it may be difficult to pursue since so much time has passed. You should contact a workers' compensation attorney immediately. Most provide a free consultation so you should feel free to ask such attorneys. Good luck.
Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]
Workers' Compensation Lawyer
You have one year from knowledge of the industrial injury to report it to the employer as an industrial injury.
The facts you've presented here didn't describe a reporting of an on-the-job injury.
In addition, you are to report an on-the-job injury WHILE STILL EMPLOYED. Post-termination claims are generally non-compensable.
FOR A CLAIM OF PSYCHIATRIC INJURY you must have been employed a minimum of 6 months for liability to 'attach' to the employer... then the situations that caused the psychiatric injury must be proven NOT to be 'good faith personnel actions' (you can't win if your psychiatric injury is from an employer writing you up for perform more actually and faster or make more sales or product... a supervisor -- in good faith -- is supposed to maximize production from employees).
SO: if you informed the management in writing that you had
(1) sustained an on-the-job injury and
(2) that you were pursuing your rights under the Labor Code for a psychiatric industrial injury, and (3) you did that within one-year of this injury date, and
(4) you were employed there at least six months prior to the injury date, GO FORWARD WITH IT NOW.
4 lawyers agree
Workers' Compensation Lawyer
Employees should report injuries within one year. Though the administrative process with the Department of Industrial Relations has its own specific time frames and procedural rules after a claim has been made, the true statute of limitations to make a claim is one year, pursuant to California Labor Code section 5405.
My answers are for general information only. They are not legal advice. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice.