Legal Question in Employment Law in California

Wrongful Term while on Work Comp

I went to the doctor, he diagnosed me with work-related stress, (my employer was already aware), I came back to work after my appt. with the note from my doctor to be off work and to get the work comp forms, and they fired me.


Asked on 10/22/01, 9:14 pm

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: Wrongful Term while on Work Comp

You need a Workers' Compensation Attorney. Call your local Bar Association and request the names of several Certified Specialists in Workers' Comp.

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Answered on 11/02/01, 5:01 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Wrongful Term while on Work Comp

If you were terminated because of the stress claim, then you have a Labor Code 132(a) action. The worker's compensation system is very adversial. The insurance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protect your interests. The worker's compensation insurance companies have attorneys, why don't you? Attorney fees are limited by law to 9% to 12% of the final settlement or award. Call me directly at (619) 222-3504.

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Answered on 11/02/01, 7:30 pm


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