how to get worker’s comp. after 1st doc says you’re not…?
illness such as depression qualify, i passed out at work due to stress, and went to the ER, and im denied, worker’s comp???Whats up with that, what steps can i take to get comp?
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7 Responses to “how to get worker’s comp. after 1st doc says you’re not…?”
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You will not get worker’s compensation due to depression and stress. In order to qualify for worker’s compensation payment, your condition must be directly related to your job duties. Depression and stress can come from a variety of sources, such as personal issues, and it’s quite rare for any physician to certify that such a situation arose from a work environment.
You can always go to your own docter then see if he will come up with something different, but he will more than likely give you restrictions
You need to talk to a Lawyer that deals with Worker’s Comp. They will tell you everything you need to know. Look in your yellow pages to find a lawyer that specializes in it. Good Luck, its a pain in the butt to go through.
Depending on the state you are in, you actually can get worker’s compensation benefits for stress/depression. For example, in California people can claim disability due to work related stress (although the Governator is currently making some changes to those laws).
The key is if you can link you illness to work. If depression is covered under your states WC laws, and you can prove your illness was directly linked to your work, your boss, etc., you may have a case. However, the person you need to prove proximate cause (the direct link to the injury) is the doctor. See if you can get a second opinion about your condition.
Once all other avenues have been exhausted, you may want to seek legal representation. Beware, though. If you like your job, you may just have to suck it up. Most companies don’t like to keep around employees that raise their insurance premiums.
This is a complex question, because workers’ compensation laws vary for each state. Generally speaking, stress and depression do not apply, because in most states, a claim has to be tied to a specific work-related incident. An example would be you were working at a convenience store at night, and were held up at gunpoint. That is a specific incident, and it is understandable that you may need some psych treatment to get back to normal. Everyday stress is much more difficult to prove. I hope you get some help from one source or another!
Yep, passing out due to stress isn’t usually compensable.
If you REALLY want to push the comp thing, you’ll have to hire a lawyer – who will likely NOT take this on contingency, so you’ll have to pay them up front.
The problem is, in most states, just because it happened at work, doesn’t mean your company is on the hook for it. If you have a low stress threshhold, that’s YOU, your company didn’t make you that way. That’s not the same as, say, getting your hand crushed in a door. It’s more like, that heart attack because your cholesterol level is too high. Having it at work does NOT make it automatically compensable.
Talk to a few lawyers – if someone takes this on a no win, no fee basis, I’ll be shocked.
Wow…stress/psych claims can be fully compensable. Attys handling
WC claims CANNOT take a fee up front in most states. Calif is one
of those states. In Calif, you must have worked for your current
employer for a minimim of SIX MONTHS before you can file a claim
for ‘stress’. mbrcatz get ready for the shock! I would have to
think you passed out due to some medical condition however, and
should simply file the claim, see the Dr you are referred to and
follow though with the process.