Legal Question in Workers Comp in California
Worker Comp Mental
I have had six months of emotional turmoil on a job that I have been employed for 8 yrs. The new boss came in and life on the job changed for me very quickly. I have not filed a claim as I hoped to find new employment. The circumstances are wearing me down. I'd like help with the costs I have. I am paying for counseling and medication to control the depression. Can I still file a claim and what would I use for a date.
3 Answers from Attorneys
Re: Worker Comp Mental
You may have a claim for worker's compensation for job-related injuries which in this case is stress and anxiety. Feel free to call us at 213.388.7070 for a free consultation about your case.
Re: Worker Comp Mental
Labor Code Section 5412 defines a cumulative trauma injury. The date of injury is the date when you knew, or should have known, that the injury you suffer is caused by employment. For a stress claim that can vary, but you only have one year from the date of injury defined by LC5412 to file an application.
The first step is to filea DWC-1 with the employer.
Re: Worker Comp Mental
You can file a psyche/stress claim against your employer. However, these claims by themselves are very difficult to litigate and you would be better off consulting with an attorney.
Should you have any further questions, please feel free to call my office at 818.385.0520.
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