Employment Law V. Workers Comp.

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theretoo

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In reading a previous thread asking if HR mishandled a particular situation, here are a few of my thoughts and a few other questions to ponder.

At one point in MY case, MY HR was told to "resolve" the issue at hand. What did they DO? Nothing, apparently they thought if the issue was swept under the rug, then it was "resolved". Nope.

Employment law and emotional distress damages vs workers comp and emotional/psych injury questions.

There seems to be a direct conflict (in this state anyway) between the insurance companies, who ultimately run WC, and state employment law.

I have been told numerous times that a claim of stress/psych injury under WC is unlikely to be won, on it's own merit, without the presence of an associated large, money making physical injury.

However, in THIS state, employment law violations, and said violations are what constituted a large part of the WC "stress/psych" injury, emotional distress damages are unlimited if the case if fought in court (as are punitive damages). Does anyone else see this disconnect or has anyone else experienced the same type of contradiction in terms as this?

PS my FORMER employer is self insured, therefore they prefer to operate an "insurance" company rather than an "employer". Thoughts from the peanut gallery...

We are filing suit in my case this week for Civil Rights violations, obtaining Right To Sue from DFEH and moving forward. What a long, strange road it has been and will continue to be...

My guess is that I will drop the WC case as it goes no where, it seems, with stress/psych injury on it's own, so clearly, it is best to pursue the matter within the scope of CA state Civil Rights law violations by former employer and their 3rd party adminitrators. How did I get so lucky?
 
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