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WC Claim for mental health, coupled with workplace violence threats California

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  • WC Claim for mental health, coupled with workplace violence threats California

    Hi,

    In the course of doing my job I filed a routine incident report to our corporate offices in regards to possible subscription fraud (I work in the wireless phone industry). After filing the report one of the people named in it called me and threatened violence against me over the phone. I immediately reported that incident to our HR department and to my manager. The manager sent me home for my safety.

    I don't know the true intentions of what the person that threatened me are, but I am afraid to return to work in any of the locations that we currently do business in as I feel that I could be jumped in the parking lot or something like that. I work in retail stores and my work schedule doesn't vary that much so if he wanted to act on his threats he could easily figure out where I am that day, especially if he is in contact with other co-workers who inform him of my work location.

    There is little potential for alternative work, since at the moment my company does not have a "corporate office" in our area and all positions are field positions.

    I'm pondering filing for WC since my mental health and stability has been greatly affected by this. I need help managing my stress levels and overcoming the fear of being attacked.

    I don't want to quit the job, but that is another possibility. With the threat of violence I believe that counts as "just cause"

    I just need some advice as to what course of action to take.

  • #2
    Have you reported this to the police?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    • #3
      I don't want to quit the job, but that is another possibility. With the threat of violence I believe that counts as "just cause"
      There may be just cause for quitting your job, and eligibility for UI benefits.

      If you feel there is "just cause" for filing a WC claim.... ask for a Form DWC-1 First Report of Injury, or complete/file with ER here http://www.dir.ca.gov/dwc/DWCForm1.pdf

      When you notify your ER of your wish to file a DWC-1, and they do not provide the form, the 90 day clock begins immediately. There are also posting requirements, as well as MPN/Medical Provider Network issues.
      When you notify the ER, and your ARE provided the form, the clock start when the EE files the form.
      I'm pondering filing for WC since my mental health and stability has been greatly affected by this. I need help managing my stress levels and overcoming the fear of being attacked.
      The AOE/COE test may or may not be determined here... Arose Out of Employment and in the Course Of Employment. That is medical/legal determination.

      Know to that you are filing a 'psych' claim. That leaves your entire life open to scrutiny...from birth. You must show at least 51% of your stress is due to your job. Be sure you are prepared to undergo the intense questioning you will see in a deposition.

      The ER/IC has the ability to control the medical care in a WC claim, you must treat in the MPN with a Dr of their choice for the first 30 days. If they dont' name a Dr, you may select one yourself...in the MPN.

      IMHO... this claim is going to be denied. The fear of possibility of attack is much different than actually being attacked. Naturally there would be two seperate injuries there as well.
      Filing a complaint with the police dept. and their intervention may alleviate your fears.

      All you can do is file the claim, and go through the process.
      You are eligible for up to 10K in medical care during the first 90 days, subject to ACOEM/MTUS medical treatment guides. The PTP/Primary Treating Physician you select must use those guides, or other EBM/Evidence Based Medicine protocol to support any requested treatment.

      You can contact an Information & Assistance officer at the WCAB.
      Or, contact a WC attorney to help you. There is no fee for consultation.
      AA/Applicant Atty referral can be found here www.caaa.org

      Understand too... for there to be any award/settlement in a WC claim, even stress/psych, there must be PD/WPI...in other words, mental impairment, that reduces your ability to compete in the open labor market, and/or reduces your earning capacity.
      In this claim, you'd probably be provided medical care, and TTD/Temporary Permenant Disability if there is wage loss certified by your PTP.
      As the potential of an award/settlement here is likely minimal, you're going to find difficulty in finding an AA to take the claim.

      Additional Fact Sheets for IW's is here http://www.dir.ca.gov/dwc/WCFaqIW.html

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