Legal Question in Workers Comp in California
Compensation for Stress
I am a high school principal who did not get along with the superintendent because I refused to go along with policies that were not good for students and in one case illegal.
The superintendent decided to place me on administrative leave pending an investigation to find evidence to fire me.
I have been totally stressed out waiting for the results of the investigation. I have been off for over a year with pay.
After going through all of this stress and emotion for the year and never ever receiving a final report of that investigation the district demoted me to a teaching position thereby adding more stress. I have not taught in over 20 years.
I have not been able to sleep well during the past year and feel that I am not emotionally able to accept the demotion.
Do I have A workmans comp claim?
4 Answers from Attorneys
Re: Compensation for Stress
Perhaps. You cannot file a comp claim for stress when the case was a good faith personnel action. I suggest that you speak with a workers' comp attorney and a labor law attorney. Obviously an attorney fluent in both pratice areas is preferable.
You should know, however, that filing a stress claim allows for a very complete investigation of your personal life to address other possible causes of stress. Currently you must show that more than 50% of your stress is industrially related.
Re: Compensation for Stress
You have a stress case. Sometimes, There may be manifestation of physical injury as well for instance stress may cause chronic headaches, nausea, insomnia even back pain. Have you seen by any doctor? There are psychiatric tests that can show the intensity of your injuries. Call my office at 213.388.7070 for a free consultation.
Re: Compensation for Stress
You may very well have a stress claim. Please note however, that should you proceed with a stress claim that the defense can dig up whatever skeletons in your past that they discover. The defense does this for the purposes of looking for another cause for your stress, and/or for apportionment purposes. I recommend that you contact my office for a free consultation at 818.385.0520.
Re: Compensation for Stress
You may also have a civil suit in which lost wages and emotional damages may be recovered. Call me directly at 16192223504.
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