Does my stress qualify for workers comp?!
Question: I have been harassed and tormented by my employer and certain co-workers for years. I have filed many complaints that keep getting thrown out, because the management (and EEOC) lets the supervisors investigate themselves. I get disciplined for no good reason, I have been suspended. I have been transferred. I was assaulted by a co-worker, and the employer said that I provoked her by rejecting her friendship (what the hell???). Because I refuse to stop fighting, they continue to try to break me. I can't quit, because I will not make this money elsewhere - I work for the City government.
I am at the point to where I feel like I want to just die, so that these monsters can no longer torment me. My doctor has me off of work for a week, and gave me the number to psychiatry. I don't know what to do anymore. There is no stress at all in my personal life.
Do I have a valid workers comp claim?
Answers: I have been harassed and tormented by my employer and certain co-workers for years. I have filed many complaints that keep getting thrown out, because the management (and EEOC) lets the supervisors investigate themselves. I get disciplined for no good reason, I have been suspended. I have been transferred. I was assaulted by a co-worker, and the employer said that I provoked her by rejecting her friendship (what the hell???). Because I refuse to stop fighting, they continue to try to break me. I can't quit, because I will not make this money elsewhere - I work for the City government.
I am at the point to where I feel like I want to just die, so that these monsters can no longer torment me. My doctor has me off of work for a week, and gave me the number to psychiatry. I don't know what to do anymore. There is no stress at all in my personal life.
Do I have a valid workers comp claim?
Working for a Government Department I would look into the different leave types you will probably find it all on the intranet if you have it - I worked at a place that wasnt Government but had good leave strategies or plans - I used to work 24/7 rotating shift work and loved it but then I had a baby and didnt want to do this anymore so when I returned from Maternity Leave I was placed in a polisition doing completely different work and I didnt understand all the things I had to do and how to use the system (I worked in a call centre for Gas and Electricity and from working in Emergency calls to Billing and Connect and Disconnect calls) I asked for training from my superviser and was told no you dont need it as your phone call stats are perfect - in this business your mistakes were sent back to you to fix not through your superviser so I mentioned all this and was told again no I didnt need it - not long after I got a new supervisor and went through the asking again and again got told no I didnt need it - I am the kind of person who is very confident in work and know all there is to know and found myself in a position I had never been in before - I found myself not knowing what to do with every call and had my first panic attack on the phone and had no idea what was going on and it scared me - I then became affraid of the phone (Id worked in call centres most of my life and was usually the one they would sit trainees with and often off the phone as acting supervisor when they were in meetings etc)
I looked up on the intranet and found you could take stress leave so I said to my supervisor that I wanted to take it and was told NO I couldnt and not given a reason - I was asked to come into a meeting with her so I went but took union representation with me (the union delegate) and when she saw who I took with me she said she found this unfair and we would have to reschedule as she needed representation and the meeting was stopped before it even started - later that day I got a call from my supervisor saying I could have the stress leave and I was appointed a mediator from an outside company who's job it was, was to negotiate with the company about getting me back to work - all I asked for was training before I started work again - after a month of my sitting at home on full pay nothing but I was called in with my mediator to see the CEO I found myself now almost affraid to walk in the building and was now being medicated for panic disorder - I saw him and they agreed that OK I could have training but no date was set - in all it took them 3 months of paying me in full each fortnight and my sitting at home to train me but the damage had been done after the training I still was affraid of the phone so I was put in another position not taking calls but a fax team had been set up as many requests came in that way so I was put in that and that way I could ask if I was unsure how to do something and there was no hurry.
If your Department doesnt have stress leave - check into the workers comp thing - I should add that my company had me see a psychiatrist who basically left them with a report that I was making it up (this seems to be what they are paid for) however you dont have to put up with such treatment whether it is real or perceived - if you feel this way and you have said things then its real to you and thats all that matters - the others can deny it till the cows come home but you feel harassed and tormented so you have a right to say something.
Talk this over with a lawyer.
I believe you first need to see a psychiatrist and from there they can assess you and write you out of work for an extended period of time. I believe that time off is considered FMLA (Family Medical Leave Act).
You may, but you will need to talk to an attorney. You should repost this question in law.
You could also talk to a local newspaper about doing a story on the self-policing policies that keep people from getting justice in your city.
Lastly, you might want to write a letter to the mayor/other city official.
Workers' Comp law differs state to state so what may be a good claim in one state might not be in another.
We are also only hearing one side of the story. You may be doing some things at work that caused the treatment you get.
In a recent case in California (Verga v. WCAB/United Airlines), the court decided that Verga's abusive conduct toward her coworkers caused the treatment she received at work, and therefore not a compensable claim.
I would just get an attorney and see what happens from there.
I would go to an attorney, a personal injury attorney, who can best tell you ...get one who will take your case on a contingency, and if you have valid proof of all of the letters that you have written, with no relief, you probably have a good lawsuit,..GET AN ATTORNEY