Workers comp help

[alone48]

Does anyone on this board have info regarding workers comp in California? I've been told I should file but I don't believe I qualify with the reasons I quit, even though there was stress on the job. My coworker and I had filed a grievance for working out of class, it was denied and the job was downgraded though duties were added based on the job description we provided in the study. All this happened about the time N was trying to extort $$ from me (the job is not aware ofthis though) and I had a break down. I went to work after being off one week for the breakdown (which my doctor thought was a TIA) and my brother dying and gave my notice to quit. I might add this was after 16 years of working there. No one tried to talk me into staying, I think they knew the stress was getting to me and I was now a liability. Though I quit on July 4, I was told I would not be released until I finished my case work. I continued to work, without pay, until 7/10.

I filed for state disability, but found that we were covered under a private company. I have since filed with them, but haven't heard if it will be covered since I quit. Any suggestions would be helpful.

[Certain Hope]

Hi, NotAlone

I don't know anything about it, but maybe this will help?   http://www.workerscompensation.com/california.php

I'm so sorry about your loss of your brother and all of these trials. One step at a time, I pray that you'll find the answers you need.

With love,
Hope

[guest89]

I know that in some cases you may file an unemployment claim (and win) even though you quit a job.  Not sure about workers comp.

[Bella_French]

Does anyone on this board have info regarding workers comp in California? I've been told I should file but I don't believe I qualify with the reasons I quit, even though there was stress on the job. My coworker and I had filed a grievance for working out of class, it was denied and the job was downgraded though duties were added based on the job description we provided in the study. All this happened about the time N was trying to extort $$ from me (the job is not aware ofthis though) and I had a break down. I went to work after being off one week for the breakdown (which my doctor thought was a TIA) and my brother dying and gave my notice to quit. I might add this was after 16 years of working there. No one tried to talk me into staying, I think they knew the stress was getting to me and I was now a liability. Though I quit on July 4, I was told I would not be released until I finished my case work. I continued to work, without pay, until 7/10.

I filed for state disability, but found that we were covered under a private company. I have since filed with them, but haven't heard if it will be covered since I quit. Any suggestions would be helpful.

Hi, I am so sorry to hear about the amount of stress you went through; that is such a traumatic experience, and if you are like me, quitting a job after a lot of years is very painful.

My only advice would be to make sure you have concrete evidence to support your claims. Suing for workers comp is different to claiming disability from the government or a private agency (who usually only require doctors letters). In this case, you will need to support your claim with evidence. That can be tricky, when your potential witnesses work for the company you would be suing. Though after 16 years, I would think you may have a few allies. Is there anyone you can quietly ask to provide a testimonial?

Corporations will sometimes play very rough rather than pay out money for workers comp. I've known people to be sued for defamation, accused of poor work performance, and have their reputations dragged through the mud when they sued for workers comp. I think that would hurt after giving so much of your life to a company.

Something else to consider is whether it is likely that you would have to admit to making a previous workers comp claim on future job applications? My last job required that  I reveal that information. It is considered to be a `black mark' if you have made  past claim or claims.

In any case, I hope that this goes well for you and that you will be able to move on with happy memories of those 16 years with the company. I think someone who is as loyal as you are to a company would be highly sought after in the workplace.
X Bella

[changing]

Hi Alone 48-

The Workers Compensation laws were changed in California, regarding physical injury and stress claims. You might schedule a free consultation appointment with a Workers Comp attorney (you can find one through word of mouth, the local Bar Association or the Yellow Pages), and have them tell you whether or not your case appears to be a good one. It might help to write a chronological narration of what happened, etc., what treatment you have received, what medications, what limitations to basic life activities due to stress, years o the job, how much money you made, etc., and take that with you to the appointment. If the case appears to be viable, you might look for an experienced and competent W.C. attorney to represent your interests, as that is a specialized area. Of course, you must factor in the other considerations that were bought up by Bella and CB before you decide.

Hope you feel better!

Changing

[alone48]

i definetly have considered the cost of the emotional toll and that's why I am still avoiding it at this point. I did send a letter to the Personell Director, Dept. Head, and Board of Supervisors in which I outlined my concerns. I sent this on Mon and lo and behold on Saturday I received a check for the days I worked, with no explanation attached. It was not a regular paycheck, but drawn from a seperate fund. Personally I believe I have a case, but mentally am not up to dealing with it as long as they don't cause me any further problems.