Legal Question in Workers Comp in California

Iwas unlawfully terminated in 2015 may, I was diagnosed with depression and ansity disorder in 2015 and ptsd in sept. 2016 is there any way to sue my job

Asked on 10/25/16, 10:27 am

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Stating you were unlawfully terminated is a legal conclusion. Given the lack of facts in your question, it would be very difficult to answer your question. Please call me at 1-877-505-injury to discuss further.

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Answered on 10/25/16, 10:43 am
Nancy Wallace Nancy Wallace Atty at Law

Ways to 'sue' your job include complaints with the Dept. of Fair Housing and Employment -- part of the state of California -- or complaints with the Equal Employment Opportunity Commission -- federal government -- but they take very very few claims, the violations of laws and rules have to be over-the-top. Any Workers Comp claim submitted now would be denied as post-termination; you must either file your work injury claim while still employed OR have evidence in doctor's records that you had a work injury but were delaying filing the work injury claim.

If the doctor who diagnosed the Anxiety Disorder has chart notes and medical reporting stating very clearly that 'this is a work injury' or 'this disorder is due 51% to events of employment' then you can overcome the 'post-termination claim' check the doctor's chart notes. (Since most doctors don't write such conclusions, you may be looking for a needle in a haystack.)

Unless there is a 'extraordinary' event at work causing the anxiety disorder -- like the san bernardino terrorist attack or being sexually assaulted at the workplace -- a psychiatric injury claim won't succeed at the Workers Compensation Appeals Board now. So while you might try to file a workers comp claim now for disputes with an unfair boss in 2015, the claim would very likely be dismissed.

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Answered on 10/25/16, 4:02 pm

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