Legal Question in Workers Comp in California
What is the best way for me to get workman's comp for a back injury that happened 3 years ago on the job & is now causing me severe depression, stress, anxiety, & panic attacks. My doctor has medically excused me for 2 months from work because I'm unable to focus & now have gastritis causing me severe abdominal pain. What are my options?
2 Answers from Attorneys
get a doctor's report that says you have severe depression, stress, anxiety, & panic attacks caused by work. However, you will have great difficulty if you assert that your psychiatric problems are a compensible consequence of a three year old back injury, especially since you were able to work for three years. More likely than not the claim will be denied. Even with an attorney the outcome is uncertain because psyche injuries require a threshold relating to causation. You will probably lose your job. Lastly, do not forget file a gastrointestinal claim if you are serious about moving forward with a comp. claim. Note the labor code says an Application for an injury must be filed within one year of injury. Unless you have been receiving medical treatment the defendants will claim a statutory bar. Perhaps consider a new cumulative trauma and lump everything together.
Although it seems that you failed to take any actions for 3 years there are still a few execptions that covers your situation. Feel free to call us at 213.388.7070 for a free consultation.