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Workplace Harassment Leading to Mental Anguish

Discussion in 'Discrimination & Sexual Harassment' started by star1986, May 30, 2007.

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  1. star1986

    star1986 Law Topic Starter New Member

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    3 weeks ago, my boyfriend was at work, and another employee (I'll refer to him as L) approached him, and called him stupid, told him that he didn't know how to do his job, and proceeded to do my boyfriend's job for him. An hour later, "L" came by him, and smacked my boyfriend on the cheek. My boyfriend proceeded to tell him "don't ever think about doing that again", and turned around to continue working. "L" then came up behind my boyfriend, and smacked his hands together, as if mocking hitting him again.

    My boyfriend continued to work, and "L" purposely caught his attention, and when he looked up, "L" called him a 'f*ing homo'. My boyfriend broke down at that point. When the supervisor found out what was going on, he was sent home with pay.

    This incident has caused him to go on FMLA (family medical leave act), and is in intensive psychological counseling, and subsequently medicated.

    In the past, my boyfriend has suffered from depression, and this triggered the depression, which was under control before, to return.

    Will he be eligible for Worker's Compensation here in the state of Michigan? Will Worker's Compensation pay for medical bills due to this issue?

    Thank you in advance.
     
  2. seniorjudge

    seniorjudge Super Moderator

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    These two incidents led to all his mental problems?
     
  3. calalily

    calalily New Member

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    What did they do to the other employee? Google Michigan's Worker's compensation laws.
    http://www.michigan.gov/wca/ You may find the answers you are looking for here. Although generally an injury is thought to be physical in nature, this site may tell you one way or the other.
     
    Last edited: May 30, 2007
  4. star1986

    star1986 Law Topic Starter New Member

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    No, they didn't lead to all his mental problems. He suffered from depression a number of years ago, but had it under control. These incidents just triggered the old depression to return, along with even more severe depression than before, and causing him to enter intense psychological counseling. Before these things happened, my boyfriend did not have any problems with anger, and now it's severe enough to need medication.
     
  5. calalily

    calalily New Member

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    I tried to copy a page of a brochure but couldn't do it. Check out this citation 418.301 in Worker's Disability Compensation Brochure pg 23 (Chapter 3) under Publications at the website posted above. It mentions mental disability. The Publication is called An Overview of Worker's Compensation in Michigan (Pub. 004).
     
  6. star1986

    star1986 Law Topic Starter New Member

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    From what I read in that pamphlet, if I'm understanding it correctly, they are most likely not going to let him file for the Worker's Compensation?
     
  7. star1986

    star1986 Law Topic Starter New Member

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    Oh, and you asked about what happened with the other employee. He was sent to first shift, and if he talks to/harasses my boyfriend again, he will be fired. They are a union operation, so it's a bit harder to just fire somebody there.
     
  8. calalily

    calalily New Member

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    Well, to qualify for worker's comp you have to be off work for a specified amount of time and I read it the other way that yes you could. But you would definately have to prove that the actions that led to his problem happened at work and were directly caused by the other employee. The doctor treating him may be able to help with a letter of some type describing the nature of his "injury" Alls you can do is apply and see what they say. If they say no, appeal and the fact that the other employee was disciplined and told not to have contact with your boyfriend should be in your favor. What might not work in your favor is if he was already receiving on-going treatment and the treatment and medications haven't changed and it is an expense he was already incurring but then he should receive pay at what ever the rate is for the time not being able to work. It's pretty complicated. Has he talked to HR department?
     
  9. star1986

    star1986 Law Topic Starter New Member

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    He has....it's so complicated. Some people say he should file, and some say he won't be eligible. Before this whole thing happened, he was on Wellbutrin for Depression. After the fact, he was put on Topamax for anger management, and Adderall for concentration, because he can't stop 'zoning out', and pay attention anymore. He was never on Topamax or Adderall before, and wouldn't have needed it, had this not occurred.
     
  10. calalily

    calalily New Member

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    He won't know if he is eligible until he files. And if turned down the first time he can appeal. Keep documentation of everything, medical bills, prescription bills, loss of paycheck if he wasn't paid for time off, and any correspondence between him and his employer concerning this matter. Was there witness? List those in area available on reporting form. How long has he not been able to work?
     
  11. star1986

    star1986 Law Topic Starter New Member

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    He's been out for about 2 1/2 weeks. He entered a partial hospitalization program through the local mental hopital. Anyhow, it's intensive therapy, lasting for a month, 5 days a week, for 5 hours a day. He's supposed to go back to work in 2-3 weeks. He doesn't know the exact date yet.
     
    Last edited: May 31, 2007
  12. seniorjudge

    seniorjudge Super Moderator

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    Tell him to file and quit wasting time on the internet!
     
  13. calalily

    calalily New Member

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    Definately file, especially since he's been hospitalized (even partially). And Seniorjudge, HE's not wasting time, his loving better half is doing the posting and many others will gain knowledge from reading her post. : )
     

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