Legal Question in Workers Comp in California
Stressed-out at work
I've worked for the same company for the last 5 years and I have a positive and distinguished record.
Over the course of time the workplace has become more and more stressful due to fewer staff, larger workloads, supervisors who are rude and derisive towards employees, and a constant change of administrators. I am stressed-out, I sleep very little, and I am unalbe to enjoy most of the activities I had enjoyed in the past. I have tried to eliminate stress from other areas of my life (i.e. being free from debt, spiritual exercises, etc...), but I am unable to revert to a life of happiness and contentment. When I think of work and the situations that happen I feel ill and angry and I have begun taking sick days and I try to avoid certain supervisors and taking a leadership role so I can avoid the problems I've seen others get caught up in.
What can I do to get away from work and refocus? Am I eligible for workers comp benefits, disabliity, or nothing? I am going to my personal doctor who has prescribed anti-depressants and I have told him about what is causing the grief, but he cannot lead me to the next step. What do I do?
1 Answer from Attorneys
Re: Stressed-out at work
To qualify for State Disability benefits [non-work related injury] or Workers' Comp. benefits, you need a psychiatrist to state in writing that you are unable to continue your normal work. That may be difficult to do since your reaction is logical, such work pressures would cause negative feelings for anyone. The question becomes whether your reaction is abnormal as to it extent and degree.
Because of the economic impact [your employer has to pay either increased State Disability or WC rates], example it will set for other stressed out employees, and management not willing to admit their strategy is improper, your company will deny either claim.
Before asking your Dr. for a medical report, you need to see a local, experienced WC attorney who has also handled State Disability cases and get her/his advice. If you have a Union, let them know what is happening at work. If you are non-management, tell your supervisor you are tried of working overtime because of staff shortages and you want to get overtime pay if you have to work the extra hours. Start looking for another job and try to get it before filing a claim with your present employer as them will not give you a good recommendation.
Unfortunately, I know how you feel. Good luck.
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