Is this suitable for a workers comp claim or workers comp settlement? I have evidence of depression & anxiety/panic disorder.

Asked over 1 year ago - Covina, CA

I have been in the ER 3 times, multiple MD visits, RX's, and a Psychologist brought on by depression & anxiety/panic disorder from my job. They have told me to look for jobs elsewhere but after being denied 14 transfers within the dept I believe they will ruin any chances of me going somewhere else.Last week I was denied promotion due to a 2011 eval that shouldn't apply to my role today I have many witnesses to account for work ethic as exceeding expectations including my Spvsr whom they didn't consult. Last month I was also denied a raise, I thought it was a promotion instead they eliminated the position before stating i'm doing the same tasks anyway. I don't feel I can go to my HR dept as they are no help I once submitted a harassment claim and they denied it stating thats not what it is

Attorney answers (5)

  1. Richard Andrew Harting

    Pro

    Contributor Level 18

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    Answered . You should consult with a work comp attorney - sit down and go over your medicals that support a work related medical condition and if appropriate initiate a work comp claim. Additionally you may want to consult with an employment lawyer regarding what might be a hostile work environment.

  2. Nancy J Wallace

    Contributor Level 14

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    Answered . CALIFORNIA requires you PROVE -- not just state, but actually prove -- that 51% of this disability is the result of unreasonable actions of the employer causing psychiatric injury.

    IF the employer can show it was just applying uniform review standards used to evaluate and promote every employee -- just dealing in fairness and good faith -- GOOD FAITH PERSONNEL DEALINGS typically defeat an employee's claim of industrial psychiatric injury.

    IT IS VERY UPSETTING to be disapproved by your employer. Just being criticized for poor performance and being refused raises and promotions IS NOT found by most WCAB Judges to be extraordinary or unreasonable.

    WHEN I HAVE WON at trial on a psychiatric injury, I had people in the employer and people who just retired in very good standing willing to testify with examples of how that employer repeatedly treated workers (with physical challenges) unfairly and unreasonably, demonstrating good faith.

    UNLESS YOU HAVE PEOPLE in management positions willing to ''burn their bridge' with this employer and testify with examples of how this employer fails to deal with employees fairly, you'll have a nearly impossible time proving the employer injured you with bad faith and unreasonable personnel actions.

  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

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    Answered . It is one thing to have a diagnosed psychiatric disorder. It is another thing, entirely to have a diagnosed psychiatric disorder that is a result of a work injury. Unless you have credible medical evidence to support the nexus between your psychiatric disorder and your work injury, there is no basis for any Workers' Compensation claim.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. John M Connell

    Pro

    Contributor Level 19

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    Answered . Each state has unique workers compensation laws and when it comes to the type of claim you are discussing that is even more true. You can visit with a workers compensation attorney who will discuss your case with you fre of charge. You can also talk to the EEOC if there is evidence that the employer is discriminating against you because of a disability.

  5. Lawrence J. Signore

    Pro

    Contributor Level 7

    Answered . I agree with the previous attorneys. You should consult with a local attorney that regularly practices in the workers' compensation area of law. You should also consult with a reputable mental health provider such as an MD or a PhD. Depending on your state other "mental health" providers are therapists but do not necessarily qualify as a "doctor" which may be very important regarding qualified person giving a diagnosis.

    The opinion above should not be interpreted to be legal advice but rather an opinion. Attorney / Client... more

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