SHOULD I FILE FOR WORKERS COMPENSATION?

Asked about 1 year ago - Los Angeles, CA

i HAVE BEEN DIAGNOSED BY MY DOCTOR FOR DEPRESSION, STRESS AND ANXIETY DUE TO MY SUPERVISOR TREATMENT AGAINST ME IN A BIG CHAIN COMPANY AFTER ONLY 4 MONTH OF WORKING FOR THEM. I FILED FOR SHORT TERM DISABILITY BUT THEY DENIED IT AND SAID SINCE THIS IS WORK RELATED YOU HAVE TO FILE FOR WORKERS COMPENSATION IS THAT TRUE? CAN SOMEBODY HELP ME I DON'T KNOW WHICH DIRECTION TO GO.

Attorney answers (8)

  1. Neil Pedersen

    Contributor Level 20

    8

    Lawyers agree

    Answered . Immediately find and consult with an experienced workers compensation attorney. You will likely get a free consultation and you can explore your options. Do not delay, and do not try to do this without an attorney to assist you.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. Daniel W Epperly

    Contributor Level 13

    7

    Lawyers agree

    Answered . Psychological injuries are covered under workers’ compensation. Unlike most work comp claims, there is a burden of proving 51% of the psyche injury is work related. Also, some people do not like the personal questions they can be asked at a work comp deposition or by the eventual med-legal evaluator. Whether or not you should file a psych claim is very fact specific and subjective. You should consult a reputable workers’ compensation attorney and discuss your case.

  3. Ivan D. Ahmady

    Contributor Level 4

    5

    Lawyers agree

    Answered . Yes you will need to file a claim. The process can be complicated so it's best you present your situation to an experienced workers compensation attorney in your area.

  4. Peter Joon-Sung Hong

    Contributor Level 12

    5

    Lawyers agree

    Answered . I agree that you should consult a wc attorney. But, there are minimum thresholds for successfully claiming a mental health injury - one being a minimum 6 months of employment. There are exceptions, of course, so the best thing to do is consult with an attorney.

  5. John M Connell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . I agree that you should talk to a workers compensation atty as soon as possible. The type of claim you are discussing can be difficult so an attorney who does a lot of workers compensation will be able to advise you on your chances for success

  6. George Pablo Escobedo

    Pro

    Contributor Level 9

    5

    Lawyers agree

    Answered . Feel free to call attorney Brett Blumstein at 213-687-3100. He handles a lot of federal workers comp cases and may even be able to assist you in yours.

    Good luck!

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You should have a local workers comp lawyer investigate

  8. Cyrus Mor

    Contributor Level 6

    1

    Lawyer agrees

    Answered . You should definitely contact an experienced Workers Comp attorney. It may also be help for you to review the disability eligibility requirements: http://www.edd.ca.gov/Disability/DI_Eligibility...

    This response has been provided as a general answer to your question with the facts provided. Nothing in this... more

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