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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33382
Experience:  Retired (mostly)
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I suffered parathesis on the job due stress on the job. I

Resolved Question:

I suffered parathesis on the job due stress on the job. I disclosed this to my employer and since the occurence he is now telling fellow co-workers that I had a lung infection not parathesis, I'm just being dramatic. In addition the company acknowledges my working extreme hours that resulted in the medical condition but they did not file workers compensation for me. I am now responsible for over 21,000 dollars in medical bills. What are my options?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
When did this injury occur (date)?

Did your employer provide you with a Division of Workers' Compensation Form DWC1?

Thanks in advance?
Customer: replied 2 years ago.
August 31, 2011 injury date. No DWC1 provided. Drove myself to the hospital with numbness to the complete left side of my body. Dr. at the hospital diagnosed it as stress due to working 149 out of 172 days averaging 70-80 hours a week. Company had two managers out of the station at the time and I was expected to take care of the station in their absence. After talking to the corporate office 4 days ago they stated they thought I had insurance coverage. My insurance only covered $500.00. I am now accountable to over $21,000.00 in medical bills. In addition, my direct supervisor was informed of my condition, parathesis, and since his return to the station he has felt the need to tell my fellow co-workers that I am being dramatic and all I had was a lung infection. I also work as a salaried, exempt, employee who performs manual labor over 70% of the day. I have worked over 3200 hours this year with no compensation for my overtime. I am starting to suffer from the same condition, parathesis, as my work schedule has not changed. I am giving notice to the job as my health has become a major concern. Looking at where I stand from a legal standpoint.
Expert:  socrateaser replied 2 years ago.
Fill out the DWC1 form and contact the Division of Workers Compensation, at: 1-800-736-7401. The DWC officer wil probably tel you to send the DWC1 to him/her immediately, and your employer may be in a lot of trouble for failing to file the claim on your behalf.

Ultimately, you may be determined to be ineligible for Workers Comensation benefits, because the injury was not sufficiently related to your work. Based on your facts, it certainly appears to be a job-related injury, and if the claim goes in your favor, then your bills will be covered by your employer's workers' compensation insurance.

Hope this helps.

Please understand that I "justanswer" questions “about” the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."

 



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Customer: replied 2 years ago.
Do I have any legal recourse in regards XXXXX XXXXX direct supervisor providing any information, mis-information at that, in regards XXXXX XXXXX medical condition? Employees are willing to provide statements as to such. Also, is the employer liable for overtime hours worked even though they list my as an exempt manager? I do perform over 70% of my time worked performing manual labor instead of managerial responsiblities.
Expert:  socrateaser replied 2 years ago.
Do I have any legal recourse in regards XXXXX XXXXX direct supervisor providing any information, mis-information at that, in regards XXXXX XXXXX medical condition?

A: If your employer has discriminated against you, via your supervisor's alleged misinformation, then that could cause your WC benefits to increase by up to $10,250. Labor Code 132a.

I don't see any other claim against your supervisor, based upon your described facts.

Employees are willing to provide statements as to such. Also, is the employer liable for overtime hours worked even though they list my as an exempt manager? I do perform over 70% of my time worked performing manual labor instead of managerial responsiblities.

A: If you can show that your salary exempt status is a sham, and that you are actually an hourly worker rather than salary-exempt (see IWC 4-2001) under California law, then the employer would be liable to provide additional compensation for all of your overtime hours. For info on filing a wage claim, see this link.

Alternatively, you can hire a private lawyer to handle both the workers' compensation claim and the wage claim. For a reputable employment rights attorney referral, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 33382
Experience: Retired (mostly)
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