I've been advised to file a worker's comp claim in addition to my existing discrimination claim, and to keep the two claims handled separately to avoid having the WC claim usurp the discrimination claim. I left my job due to the hostile environment there over 30 days ago. In worker's comp, will I be asked to go back? I'm hesitant to start a WC claim that may negate aspects of my discrimination claim. I'm also worried about ongoing medical testing.
Any advice (or information about the WC process) is greatly appreciated. Thank you.
Thank you for your response; I'll try to make my question more specific.
When I file a WC claim for stress-related health issues, I assume the WC administrator will want to see my doctor's medical notes, and then I'll probably have to be seen by a WC doctor.
The symptoms I had occurred while I was on the job. Leaving the job has helped considerably. So what will WC do in my case? (And I will look up a local WC attorney)
Thank you for posting the additional information. That said, I am still unable to describe the entire process of what you might experience in a stress related workers' compensation claim. However, I will try to provide some basic information that you might find helpful in response to your question.
The workers' compensation system is, in the most general of terms, designed to provide injured workers with medical treatment and then payment for any residual problems, along with future medical care or a buyout thereof.
In your case, it is very unfortunate that you suffered on a psychiatric basis due to discrimination. On the flip side, it is fortunate that your problems have somewhat resolved now that you are out of the workplace that caused your stress. Ultimately, a workers' compensation physician would opine on what is referred to as your Global Assessment of Functioning (GAF) once your stress (or, psychiatric condition) level has become permanent and stationary (which generally speaking, means, your condition is not getting much better or worse). Your GAF is meant to serve as a predictor of how you might function, among other ways, in a social and occupational setting at the time you become permanent and stationary (i.e., not in the thick of the worst moments of your tenure with the former employer). Your GAF is then converted into a permanent disability rating, which is then converted into a monetary figure, if you have any permanent disability.
Thus, a person like yourself who has recovered to some degree on a psychiatric basis from their workplace stress, might not have as high a permanent disability level they might expect if they have made a great recovery. To the extent that your stress caused or hastened any illness such as high blood pressure, you may be entitled to compensation for such injury to the extent that it is deemed work related. I should note that to receive any compensation for a psychiatric workers' compensation claim requires that a finding that the predominant cause of your stress was work related; then, how badly you were affected by such stress helps determine the permanent disability figure. The psychiatric composition of a person is so subjective that I do not mean to imply that you do not have a strong psychiatric claim, as I have never met you and merely read a few sentences about your well being.
In that vein, the foregoing is a very broad overview that I hope you find helpful and is just a general description based on the limited facts you've provided. I am glad to hear that you are going to take your questions to a workers' compensation attorney who can provide you with greater detail and help with respect to your questions and prospective workers' compensation claim. Good luck.
You've asked a pretty wide-open question. I'm not sure I can answer all of that in the space given. There are some great workers' comp attorneys in Santa Rosa. Give one of them a call and discuss this with them face to face. Have your specific questions written down ahead of time. If you have an attorney on your discrimination claim, maybe he can recommend someone.
Good luck.
I am not commenting on any workers' compensation aspect of your case. I just want to make sure you are aware you may also have rights under the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) and/or the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA).
Many on-the-job injuries meet the definition of "disability" under the FEHA, or under the FEHA and the ADA. If they do, you may be entitled to reasonable accommodation for your disability. This would require the employer to alter the way work is done so that you are able to perform the main parts of your job. Your rights under the FEHA or the ADA are separate from any rights you may have under workers' compensation.
Please look at my guide on the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment and my guide to the differences between the ADA and California's more generous FEHA: http://www.attorneyqna.com/legal-guides/ugc/employment-disability-protection-under-californias-fair-employment-and-housing-act-and-federal-ada?published=true.
You may also have rights under the California Family Rights Act, Government Code section 12945.2 (CFRA) and/or the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). To be eligible under the family leave laws, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the CFRA or the FMLA are separate from any rights you may have under workers' compensation.
Please look at my guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.attorneyqna.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions.
You refer to a "hostile environment." A hostile work environment is a legal term of art that means there is on-going unlawful harassment. Unlawful harassment must be based on a protected category, such as race, sex, sexual orientation, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings.
Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.
Unlawful harassment is itself a form of unlawful discrimination. "Discrimination" means "to treat differently." Not all discrimination is unlawful. Please look at my guide to unlawful discrimination: http://www.attorneyqna.com/pages/show?category_id=6&permalink=what-is-unlawful-employment-discrimination--california-law which should help you understand lawful and unlawful discrimination, how to enforce your rights, and time limits.
