Legal Question in Disability Law in California

I was feeling horrible so I went to the Medical Dr. who treated me for high blood pressure but also refered me to a Psychiatrist to talk about issues I was dealing with at work. They said it was Depression, and work related Adjustment Disorder with Acute Anziety. I was taken off work for 1-week at the beginning of December and 1-week at the beginning of November. I got disciplined for my attendance when I returned the first time and was treated horrible by my manager for the next 5-months. I was told that I could use my "sick pay" for the LOA's and I did. A co-worker told me that the same thing happened to her and she took FMLA. When I asked about FMLA, the office assistant said it wasnt an option so I used my sick hours. Could this of been a workmans comp or disibility claim? Should they of offered it cause they were totally aware of what was going on? I no longer work there and will lose my insurance shortly which means I will no longer be under my Dr.s care for this and that scares me. Is it too late to do anything now since it happened in Dec/Nov.?

Asked on 6/26/13, 10:08 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you are claiming this medical situation was 'caused by' your work, then it is a WCAB claim you can file within a year. See a workers comp attorney.

If you can prove you were not afforded protection under the discrimination or FMLA rules, or were retaliated against, then you may have a claim under them. If you quit, you would have to prove you were 'compelled to' by the situation. If serious about hiring counsel to help in this, feel free to contact me to discuss your facts and evidence. Write out your complete 'story' for review.

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Answered on 6/28/13, 1:03 pm

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