Legal Question in Workers Comp in Virginia
I'm currently out on FMLA and it's running out as of 5/512. I have hard to control Type II diabtes, colitis/diverticulitis and have had open heart surgery. My employer constantly harasses me about my disability. I'm in the process of filing an EEOC claim by myself. I want to know if I can file for Workers Compensation because of the harassment due to my disability has made me extremely ill and I've been taken out of work by two different doctors? My endocrinologist says this is bad for my Diabetes management. The other doctor is my Gastroentolognist who says this is causing me to have major issues with colitis /Diverticulitus. PLEASE let me know if I have any grounds to file. I went out on 2/13/12.
1 Answer from Attorneys
No. Virginia Workers' Compensation law does not provide workers' compensation coverage for "harassment."