Here’s our first question in the Ask the Lawyer series.
Question:
“I recently received a supervisor that that I worked with at a previous facility. I reported her to Human Resources for unfair treatment back then. Now she is retaliating against me by making things difficult for me to get my job done. Like requiring evidence of my knowledge before I can execute or make a decision. Or not responding to my emails. I know she is retaliating against me. What can I do?”
Mr. Kayrell’s answer:
It is possible to have a workers’ compensation case for stress at work. The requirements are a bit different than for someone who has say a slip and fall. Your burden of proof is going to be higher, but ultimately, the same benefits are going to be available to you. Namely, you could potentially get temporary disability to compensate you for time off of work, permanent disability, to compensate you for any lasting psychiatric effects, and medical treatment. Consult with a local attorney, and they can give you a better idea of the strength of your case and possible compensation.
Commentary
This question presents a very common scenario in workers’ compensation cases, namely that of the retaliating supervisor. The truth of the matter is that there is no law that says your supervisor cannot be a jerk to you. The issue arises when the mistreatment from the supervisor rises to a level where it is actually causing you harm. In that scenario, you can take advantage of the workers’ compensation system. However, there are generally a few additional hurdles that a person has to overcome.
For one, you have to have worked for your employer for longer than six months. This is known as the six month rule in workers’ compensation parlance, and can be found in Labor Code section 3208.3. There are some exceptions, of course, but in general you need six months of total employment before you can make a claim for psychological injury.
Also, the burden of proof for a psychological claim of injury in California is higher. The injured employee must establish that actual events of employment were predominant as to all causes.
The good news is that with a good lawyer on your side, this burden of proof can often times be met through the QME and discovery process. So if you are dealing with a difficult supervisor, reach out to us today.