Work related stress causing depression, anxiety and insomnia was favored by PTP & QME. Should I still Seek counsel? Also regarding the no breaks or lunches for over a year with no break premium ever paid, sexual harassment, and workplace bullying that happened. Can I benefit From having an attorney? I am not represented at this time. The type of business is a full service upscale restaurant . Thanks in advance.
Stress claims are among the most difficult of all WC injury claims. A lot of special rules apply to stress claims. The insurance companies hate them because you can't see the injury and everyone is under some stress. If you don't know the game, don't know the rules of the game, don't know the tricks of the game, don't know the players in the game and you're playing against someone who plays this game for a living, do you really think you can win the game? Maybe you need someone on your team who knows how to play!
Follow the above advice of highly experienced Brett C. Borah. While you note that the QME found a valid work-related injury, your claim does not appear to be accepted. It does not necessarily follow that a compensable QME report means that the defendant will now accept the claim. Stress claims are disfavored under California workers' compensation law and the defendant has a few legal tools in its favor. You would do yourself a favor by obtaining the services of an attorney to push this matter toward trial.
Regarding the harassment issue, you should seek a consult with an employment rights attorney. Your legal remedies outside of the the workers' compensation system might be far greater.
Yes definitely call a attorney. Preferably one that does work comp and sexual harassment. These different areas have much different litigation approaches and overlap. Wishing you all the best
It is always a great idea to hire someone, because no matter what the medical reports say, the insurance company will do their best to limit your benefits and treatment. The system is difficult to navigate, even for experienced practitioners. It would be in your best interest to hire someone to help manage things, so that when you are ready to go back to work you are able to manage the case. Perhaps you should consider hiring both a workers' compensation attorney and an employment law attorney. Search this website in your area and read reviews online. Good luck to you!
Andrea R. Herman, Esq. is licensed in the State of California. All answers provided, regardless of jurisdiction, should be construed as informational only, and not legal advice without a complete review of your case due to the limited facts presented. No representations or guarantees are made by any answer. Replying to a question does not create an attorney/client relationship. Replies are based upon general Workers' Compensation principles or laws which are subject to change or modification by reforms or caselaw, and differ from jurisdiction to jurisdiction. Consulting with an attorney to discuss all facts and current status of the law in your State is recommended.
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