Legal Question in Workers Comp in California

I was pregnant in 2011 and due to the extreme high volume of stress at work i ended up having contractions i was only 20 weeks pregnant . Can i file for a wc case in california ?

Asked on 4/30/12, 12:16 pm

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3 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin
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You did not state whether or not you gave birth. Unfortunately, there is no remedy unless there are permanent or continuing problems associated with the stress. Stress claims are almost always litigated, and the claim itself will create stress. I cannot say more without knowing more.

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4/30/12, 12:48 pm
David Lupoff Law Offices of David B. Lupoff
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This is a very serious claim. There are way to many facts missing from your question for me to make such a determination. However, to specifically address your question, anyone can make a claim for anything, but the question is always, "Is this a valid claim."

Please call me for a free consultation at 877.505.INJURY, and/or go to my website at www.lupofflaw.com.

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4/30/12, 1:19 pm
Nancy Wallace Nancy Wallace
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No, this one has been tried and lost in years past... PROVING what caused contractions at 20 weeks is nearly impossible.

Millions of women have horrific stress and don't get contractions at 20 weeks (e.g., babies born in Afghanistan and iraq...and SouthCentral Los Angeles).

Insurers nearly always deny claims of 'stress'. Unless you took a bullet or had a gun placed in your mouth or were sexually or physically assaulted in the workplace, anticipate the employer will direct the insurer to deny exceptional stress took place.

Then you have to prove stuff really, really tough to prove:

(1) A psychiatric injury caused disability

(2) This psychiatric disability was cause 51% by outrageous events at work

(3) The psychiatric disability directly caused the prematue contractions.

If you had ANY 'personal life' ... financial problems, family/friends with serious illness, special needs children, housing dilemmas, creditors pursuing you... you won't make the 51% threahold.

But if you had no significant personal events in your private life, you had an obstetrician willing to write a report declaring your premature contractions were ONLY caused by work stress and work-induced psychiatric trauma, that 'but for' outreagoeous events at work you would not have had premature contractions, then go ahead and request a Workers Compensation Claim Form from your employer and get the process started.

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5/01/12, 1:31 pm

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