Legal Question in Workers Comp in California

You definitely file with your WC carrier; you are paying them to protect you in WC cases. If teh ex-employee can show that the injuries occurred and happened before she was fired, then she has a valid case. You are not knowledgable enough to know what to do about the claim; let your insurance company handle it.

Labor Code Section 3600 provides some protection for a post termination stress claim. However, in several instances the protection is weak, for example if there is a medical report prior to termination suggesting the employee was indeed experiencing stress. You have the good faith personnel defense wherein you can claim that the stress the employee is claiming was/or is the result of a good faith personnel action, therefore not actiionable in comp. Given the complexity of stress related litigation, I suggest you at least advise your comp carrier and let them know of a potential comp filing. The carrier may provide instructions. If the employee does eventually file, then the comp carrier can take over. At this point, in view of the potential litigation and a possible discrimination claim relating to the firing, I suggest that you get all your HR materials in order and perform a preliminary review.

Submit the worker's claim to your insurance company and allow them to deal with this. Just make sure that you provide them with as much information as you can since they will need this to defend the claim. Good luck.