Legal Question in Civil Litigation in California
if i win a stress case due to harassment in workers comp, can i then file a civil lawsuit for harassment?
3 Answers from Attorneys
No. If it is a true WC case then you can not sue your employer or co-employees in civil court. You can only get one bite of the apple.
Not sure that's true, George. I agree one can't go into WC for the stress and then to civil court for emotional distress or the like. But I'm not sure one can't go to WC for the stress, and then to civil court for constructive wrongful discharge or some other employment cause of action not related to the stress or other injuries.
Not unless the 'harassment' falls within the definition of the civil rights laws regarding illegal discrimination based upon race, age, sex, etc. Simple 'harassment' like office politics, personality problems, poor mgmt, etc., is NOT illegal, and not the basis for a civil case with merit or value.. No one said life or employment is fair. You would have, at most, one year from any such illegal action to bring your suit, and since WCAB cases take a lot of time, I suspect it is more than a year from illegal conduct.. If you can credibly prove illegal discrimination, and it is less than one year old, feel free to contact me to discuss.
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I have waited a week for an answer. When will my question be answered. Asked 10/14/09, 11:07 pm in United States California General Civil Litigation