Bookmark and Share

California Job Stress

MAJOR DEFENSES TO CALIFORNIA
WORKERS' COMPENSATION STRESS CLAIMS

©Michael Worthington dba Interactive Law Center 2009

If you are suffering from stress at work here is a place that spells relief.  We have a great deal of experience in dealing with such problems.  You can describe your particular situation in a brief  e-mail to us by going back to our  home page and clicking "contact us".  We'll be happy to reply.  Ultimately we will need to speak on the telephone for the full details, but before we do, you may be interested in some important rules about stress claims in California as follows:
Post Termination Stress- Generally speaking, an employee may not sue his employer for psychiatric injury AFTER he has been terminated.  There are several exceptions in the law, notably
(1) where there is a record of treatment and report of stress injury at work before the termination,
(2) where there has been sexual harassment in the work place, and
(3) this writer has conducted research and concluded that a voluntary quit is not included in the rule. In a proper situation, we will also take a case where the termination itself was handled in an extremely unreasonable manner, making the trauma of the termination a specific injury occurring on the date the termination took place.
Good Faith Personnel Action- There is no compensable claim against the employer for ordinary personnel actions such as changing the employee's hours, even when we all know the employer is singling the employee out for mistreatment.  There is a truly vast array of stressful things that regularly occur at work but the employer usually argues that it was all done in the course of his good faith conduct of the business, rather than with the intent to injure the worker. We look for indicators such as yelling at the employee in front of others, or other acts of deliberate over reaching that would cause a reasonable worker to suffer the stress of extreme fear, embarrassment, anger, humiliation or chagrin.
The 51% Rule- The employment stressors must account for at least 51% of the injured workers aggregate psychiatric disability. This defense, while harder to show, can be efficacious when the worker has had a stressful life outside the job.
The Six Month Rule - A worker must have at least six (6) months on the job before he can file a claim for stress against his employer.
Don't be discouraged, we know how best to work within the Rules.
For more information we have on stress, LINK here.
 
Copyright 1999,
Michael Worthington, dba Interactive Law Center.
All Rights Reserved.