Can i file for work related stress workers comp. in Kentucky

Business 2 views 3 answers
i work in a very stressful call center. I am on FMLA for my nerves being bad from all the stress. We are having to do things we were not and are not going to be trained for. This make for a very bad situation on the phone with a customer. My nerves are shot. Haven't slept more than 3 hrs a night in 2 yrs. I would have already been fired if it had not been for fmla. Now is it running out so what am I to do. i am constantly crying on the job and having very bad headaches. Can I file a claim?

Attorney Answers

3
Larry Apfelbaum ·
You really need to talk to a local attorney, perferrably one that does at least 50% WC cases, and the sooner the better because all claims have reporting and filing time limts. I dont know KY law but found the following online, which appears to say non-traumatic stress claims are not allowed. The only way to be sure is to talk to an experienced WC attorney. Injury: any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause producing a harmful change in the human organism evidenced by objective medical findings. It should be noted that injury does not include the effects of the natural aging process, nor any communicable disease unless the risk of contracting the disease is increased by the nature of the employment, nor any psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. (KRS 342.0011(1))
0 upvotes
David Cox ·
Mr. Apfelbaum cites the correct definition. You should, however, talk to an experienced workers compensation attorney about the specific facts of your case. Good luck!
0 upvotes

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