Legal Question in Employment Law in California
How to Make Employer Pay for Psychological and Physical Damage beyond Worker's C
I have recently filed for Worker's Compensation against my former employee. I was made ill on the job when forced to work 9.5 hours with no break or food and while suffering from Asthmatic Bronchitis.
I had told my manager that I was having trouble breathing and that my chest hurt, but she did not do anything to help me. Later that night, I ended up in hospital with fluid in my lungs and respiratory difficulties. I was given several breathing treatments, which did not work, and then eventually had to receive an intravenous injection of Prednisone.
I suffer from Bipolar Disorder, and it is well known that Prednisone can have a terribly adverse effect on Bipolar Disorder. I told the Doctor this, but he said I was so bad off that I had to get the shot. For the next several days I was an emotional wreck from the shot reaction, at times suicidal even. All of this stemming from that I was pushed all day to work these 9.5 hrs while sick and with no rest.
Worker's Comp will only give me (maybe) the amount that my insurance didn't cover. I think I am entitled to MUCH more due to my suffering. How would I go about doing this and do I have a case?
1 Answer from Attorneys
Re: How to Make Employer Pay for Psychological and Physical Damage beyond Worker
Thanks for your question. California law requires that work play an "active role" in the development of the psychological condition in order to have a compensable injury. Labor Code 3600(a)(6) requires "the employment itself must be a 'positive' factor influencing the course of the disease." (See also Georgia Pacific Corp v. WCAB (Byrne) 144 CA3d 72 (1983) 48CCC443.)
Moreover, a medical report which does not state specifically how the employment has influenced the development of the alleged stress condition is insufficient, especially when the physician admits he/she does not know of any specific employment role (Twentieth Century Fox Film Corp v. WCAB [Conway], 1983, 141 CA3d 778). Where the alleged employment stress was found to be simply a product of the employee's underlying psychiatric problem projecting itself upon his/her employment environment, no compensable injury was found (Hanna v. WCAB, 1980, 45CCC1174).
It sounds to me as though you may have recourse against the doctor, if it should have been known as part of the standard of care that the doctor should not have combined the medications used for treatment.
I would strongly recommend you consult an attorney that practices in the area of medical malpractice. Worker's compensation does not cover third parties.
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