Legal Question in Disability Law in California
My sister was suicidal and she was diagnosed for severe depression and stress that was caused at work. I was trying to talk to her to find ways out for her because all she kept repeating is that she didn't want to return to work and it seemed as though she was very traumatized by the humiliation she received from work. Her counselor advised her not to quit work, and she told her to file either a Workers Compensation claim or a Medical Leave of Absence claim so she won't suffer wage loss while she is in treatment for her condition. I talked to her about possibly finding another job or returning to school, trying to find ways out for her to make her think positively. The question is can she eventually go to school and receive workers compensation or state disability benefits for her medical condition at the same time? That way, she wouldn't have to worry about finances and she can focus on her schooling finding a new career???
2 Answers from Attorneys
The workers comp attorney she retains will probably, among other things, suggest that she apply for state disability if appropriate. But do not give your sister legal advice except to refer her to an experienced workers comp attorney. She needs to call the attorney herself, and have a consultation with the attorney before filing for disability or doing anything else. Her attorney fees would be paid at the end of the case by the employer's insurance carrier.
If her depression was caused by her job, she should retain an attorney who would refer her to a worker's compensation doctor as soon as possible. If possible, she may retain medical control by going outside of Medical Provider Network (MPN) and if the doctor finds her condition serious then the doctor can take her off work and apply for disability benefits through EDD as long as doctor certify her for disability. Feel free to call us at 213.388.7070 for a free consultation.
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