Legal Question in Workers Comp in California

A few days ago I unfortunately witnessed a homicide during working hours. I was delivering food to a patient and tragically saw a shooting right in front of me. My job has quickly wanted me to fill out workers comp paperwork. Unfortunately my job has shown no empathy towards my situation even though it was during working hours. I have gone to a doctor and am off for a few days. While I am getting better, my question is would I be entitled to take a stress leave later if I feel like I have not coped with my experience well? I dont want to take a huge leave now because I want to get back to routine of things and slowly create normalcy. However, if I feel like I am stressed and not dealing with it well in time, can I take some time off? would workers comp. protect me? should I file for disability? and will it pay me while im off? thank you.


Asked on 1/01/13, 4:12 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

What you could do depends entirely on a psychiatrist or psychologist's MEDICAL REPORT.

You can't just wake up one morning and decide you would like more time off and expect to get paid for that.

If a mental health professional on the Workers Comp Insurance Medical Provider Network (MPN) writes that you (1) sustained an industrial psychiatric injury and (2) are temporarily totally disabled for a certain set of days or weeks, only then is the insurer liable.

IF LATER you suspect you have failed to cope, you would have to get this MPN Psychiatrist to write you are Totally Temporarily Disabled.

YOUR FEELING about whether or not you have coped gets you Zero.

Would Workers Comp 'protect' you? ABSOLUTELY NOT. Workers Compensation Insurance companies have dutie to the shareholders (or taxpayers) to provide you the absolutely bare minimum required by law and not a penny more... if a comp adjuster has any legal ground to deny treatment or payment, they deny it.

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Answered on 1/03/13, 12:22 pm


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