Hello again and thank you for the aditional information. I agree with the WC representative that you spoke to. I am befuddled by your employer's WC insurance carrier's action by denying the claim. Something really doesn't make sense since based on the facts you provided you were assaulted on the job. Under Alabama WC law in order for a psychological injury, like PTSD, to be compensable, an employee must suffer a physical injury to the body, and the physical injury must be the proximate cause of the psychological injury. It sounds like that was the case here. I would strongly recommend that you sit down with a local WC attorney to discuss your case. They are only paid out of your award, so you should not have to pay anything up front for representation in pursuing your claim further.
I see that you posted after I received your initial reply that they have had your request since March. That most definitely violates the law and you should file your complaint with the DOL or find an attorney to assist you.
As for the FMLA, I don't see where you answered my question about how long ago you submitted the paperwork. However, the employer only has 5 days, unless they can substantiate a legitimate reason, for processing your FMLA request and give you an answer. You didn't say whether or not you were asking for intermittent or a specific lenght of time of straight leave, but either way the 5 day rule is the same. If your employer is delaying your ability to take time off for FMLA, you can file a complaint with the Wage
and Hour Division of the U.S. Department of Labor, the agency that enforces FMLA. Or, you can sit down with a local employment law
firm that handles FMLA issues and discuss filing suit against the employer for violating the Act.
It would probably be a good idea for you to consult with a local employment law attorney anyway, since it appears, as you say, that the employer is building a case for possible termination
and you may have a legitimate discrimination
case you could bring against them either now, or if you are terminated.
In the meantime, you will want to cooperate as much as possible, and as you have been, remain professional. You might also want to keep a journal or a log of the actitivies at work related to counsellings, your WC claim and your FMLA, so you have those to help with your case, should you need to file a complaint with the EEOC
or file suit.
Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.