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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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my doctor has written me off from work due to stress caused

Resolved Question:

my doctor has written me off from work due to stress caused by my boss and my company. Should I file for workman's comp or disability?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
The answer is that you can choose one or the other. If you file a workers comp claim, then you will be examined by an occupational medicine physician. If the physician agrees that your injury is job related, then you have a valid WC claim. If not, then you may have to get a second opinion, and things could get quite adversarial.

Conversely, if you file for disability, you don't have to go through any proof, other than that you're ill, and once that's confirmed, you get paid.

The big difference with WC is that your employer may have to pay for for your injuries until you are medically stable, and then pay you a damage award if you remain in some part disabled. That amount may exceed your potential disability payments.

But, WC is a lot harder to prove, especially with a mental health issue, because it's not obvious.

So, now that you know the difference, you should be able to decide which way to go.

Hope this helps.

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