Legal Question in Workers Comp in California
On May 20th , 2010 our President of Operations called a meeting for office staff only. He informed us that over the next two weeks that he was going to be interviewing us and having us list our job duties that the compan was going to make some cuts and lay off where they see needed. On May 21st I got to work at 8:00 am and after talking with my co worker in my office I was crying. I was afraid I was going to be the one they let go. the boss had been putting all of my billing into a computer software program that would automate my billing for the clients. At approx 10:00 am I started having chest pains. I mentioned to my co worker for the next two hours several times that I was having bad chest pains. I took my lunch at noon and made a call to my doctor to see if I could get into see her for an eval. They advised me to get to ER and not to drive myself. I was admitted into the hospital for 24 hours. I ame back to work the following Monday and asked our HR person if this was a workmans comp injury. She told me she had asked the Operations manager on Friday if she should file a claim and she told her to wait and see. I then asked her again a week laterer and she said it's more hassel than it's worth. It has continued to bother me and I noticed on the public posing in our office that one employee had chest pains 2 months in a row and it was turned into workmans comp. I called the calif workmans comp board and they told me to file it myself and the form was on their web site. today July 27, 2010 I took the form into Hr and filed it. I already received a call from the workmans comp company and she questioned me heavily. she said chest pains are normally not covered under workmans comp. She asked why I waited so long to file and I told her what I had been told and felt I was treated wrongfully by my employer for not filing it. He had said because I went to Er while I was on my lunch hour it wasn't workmans comp. any advise? Should I get an attorney for this.
3 Answers from Attorneys
It seems that everyone involved does not know the WC law. Stress at work that causes symptoms is a compensable injury justifying seeking immediate examination if it seems reasonably possible that the person might be having some heart problems. When you go for treatment or examination is entirely irrelevant. If the ceiling caves in and you are buried for hours into the night until finally rescued and taken to the hospital, would your boss say it is not WC because you did not go in before 5 pm?
The major issue is whether you can get any compensation? Do you have to pay any portion of the hospital bill or did insurance cover all of it? Did you lose any pay during the time you were off work? Have you fully recovered, did they find anything wrong aside from an anxiety attack? If you lost nothing or very little, what is the purpose of following through with the claim. You know how negatively your boss will react and that his/her supervisor will probbly defend them, so of what benefit is it to establish your claim?
Good thing you are not paying by the word.
You may have a valid stress claim. A number of factors may be involved, such as what was going on personally in your life when you experienced chest pain. Feel free to call us at 213.388.7070 for a free consultation.
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