Legal Question in Workers Comp in Pennsylvania

work related stress

A few months ago, I was involved in a bad situation with my local union at my work place. Recently the situation was reolved. I work at a state prison, therefore my career choice is stressful enough. But now I am being harrassed and threatened by fellow coworkers and management staff. I feel that these actions have led to a hostile work enviroment. My questions are - Can work related stress be claimed under workers comp? Do I need an attorney? How do I start this type of claim? Any other info that I may need would be appreciated. Thank you


Asked on 6/27/08, 10:29 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: work related stress

Law in our Commonwealth protects even "psychic" injuries. This is an injury jurisdiction and not an accident jurisdiction since 1972, when some amendments were made to the 1915 Act.

To win a psychic injury case you will need a lawyer, about 2000 for costs which the lawyer might advance but will not keep but will go to your testifying psychiatrist/expert.

Importantly, think about pinpointing the actual "straw that broke the camel's back" so as to define a point of origin in the commencement of your symptoms.

Was there some unusual circumstance or was it the normal stress of an admittedly stressful work environment? The former is compensable. The latter is not.

No Carrier including SWIF is likely to just grant benefits without a fight, so, "gird your loins."

Should there be some aspect of the co-worker harassment that affronts your race, national origin, color, religion, there may be Title VII litigation.

Finally, your labor organization is there to protect you. you are lucky to have a union. Try to fill out the greivance paperwork on time if you need to. If your union were to betray you, then file with the NLRB Regional Office for breach of duty of Fair Representation.

In sum, unless it's reeeaaly baaad, pretend your are back in junior high and suck it up for a few days until it is someone else's, "turn in the barrel." Jobs are hard to come by.

If you need a counsellor, use a Pscyiatrist because they have an MD degree and get you the meds to help.

be strong like Armstrong,

TV

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Answered on 6/27/08, 12:40 pm


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