Intent to cause emotional distress.

Asked over 2 years ago - Cupertino, CA

May 17, 2012 - After overhearing some co-workers talking, my co-worker [removed by Avvo], also African American refused to stay in the shared office. Room B-309. I went to work in the conference room, because I did not have access to a printer I hand wrote a note to the Acting Chief of Human Resources telling him I was having panic attacks. I was told to go back to the room or I would be written up for insubordination.
May 22, 2012 During meeting boss belittled me, bullied me and implied to me that she would write me up until she had enough to terminate. I took the knife from the kitchen and slit my wrist.

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your problems are not legal, they are medical and emotional.

    And, no, your employer and co-workers are not going to be liable legally or responsible morally for your actions.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. George Ellis Corson IV

    Contributor Level 20

    5

    Lawyers agree

    Answered . Self-inflicted wounds ARE a cry for help, but not a work-related injury. They are SPECIFICALLY excluded by Labor Code section 3600(a)(5). I hope you get the help you need, but it will probably be non-industrial in nature.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.
  3. Mark K. Ameli

    Contributor Level 8

    5

    Lawyers agree

    Answered . I do agree that you must see a psychiartist immediately. Whether your psycological condition is AOE/COE (meaning as a result of your employment and in the course of employment) will depend on the medical opinion of the Psychiartrist who will examine you. The workers compensation law requires that more than 50% of your disability should have been caused by your employment before you can bring a workers compensation claim. If the Dr. determines this to be true, you have a workers compensation claim. Otherwise you don't. The next issue is whether a self inflicted wound can be claimed as an injury. One of the responders indicated that the Labor Code is specific that self inflicted wounds are not recoverable. This is true, however, an argument could be made that the wound was caused by the psychiatric injury which in turn was caused by the employment. Therefore if the Psychiatric injury is AOE/COE, the wound would also be AOE/COE.

  4. Craig Stephen Wasserman

    Contributor Level 7

    2

    Lawyers agree

    Answered . I agree this could be a compensable claim if 51% of your psyche injured is caused by the actua events of employment. You can always file your own claim and they will be forced to send you to a PQME for an evaluation and see what happens. No cost to you

    While I'm in OC I represent injured workers from Ventura to San Diego. You can call my office (714) 799-0543 or email me at wasslaw@sbcglobal.net for more information. Consultations are free and to retain my office does not require any payment until the case is settled

    Craig Wasserman,Esq

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