Legal Question in Workers Comp in California

Re: Stress related to work, how can i prove it? Where do I start? what can I do?

If your work environment is causing you to feel emotional problems then you have the right to file a claim. You can report the injury to your employer directly and request a workers' compensation claim form. (they should provide this to you without asking when you report an injury but under your facts this seems unlikely) Or you can retain an attorney to make this filing for you.

Proving injury in psychiatric stress claims is done through medical reporting. In other words a doctor's opinion that your work has caused you emotional difficulty.

If you are unsure as to whether to go forward or not formally with the claim at least do yourself the service to obtain, if you can, professional counseling to help you deal with the situation while you find your way out. Professional counselors can be helpful in assisting you in the decision to go forward or not when you are in emotional turmoil.

Otherwise you can simply go forward with the filing of the claim form either on your own or through an attorney as mentioned.

Re: Stress related to work, how can i prove it? Where do I start? what can I do?

Besides Workers' Compensation stress claims being difficult to prevail in, be warned. If you file a "stress claim", it could follow you the rest of your life. Future job applications and investigations, life insurance questionaires, security clearances and such can be VERY negatively effected by a prior "stress claim".

I question that will come up in any such claim is, "If you were under so much stress, why didn't you quite?" There is no response to this question that holds you in a good light.

I suggest consulting with a Workers' Compensation attorney specializing in "stress claims", changing jobs, getting some counseling and/or check out www.mkpla.org.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law.

www.serious-injury-law.com 800-956-0123