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Doctor removed me from work immediately due being victim of…

Customer Question
Doctor removed me from...

Doctor removed me from work immediately due being victim of bullying from a supervisor at work. Told my boss and owner of company about it and they both let it continue...am I going to be able to get wcb benifits while I am trying to "get right"

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sorry Not a state....canada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time non union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Jurisdiction is British Columbia

Submitted: 4 months ago.Category: Canada Law
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Answered in 10 minutes by:
12/9/2017
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,032
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 4 months ago

I am sorry to hear this but not sure what you mean.

Are you saying your doctor has said you are sick and that you are temporarily unable to work because of this treatment?

How long have you worked there for?

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Customer reply replied 4 months ago
2 1/2 yrs and yes he wants me off now for a minimum 4 weeks to start getting better
Customer reply replied 4 months ago
It's not the work stress is the bullying that has me sick
Customer reply replied 4 months ago
The yelling and agredrive behaviour and the insults
Lawyer: Debra, Lawyer replied 4 months ago

But how would be be better in 4 weeks or anytime if this is going to continue when you go back?

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Customer reply replied 4 months ago
I'm not willing to call
Lawyer: Debra, Lawyer replied 4 months ago

I am not asking for the call. It is just something the site offers. I do need an answer to my question so I can give you the best possible answer.

But how would be be better in 4 weeks or anytime if this is going to continue when you go back?

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Customer reply replied 4 months ago
Correct.....the owner of the company is aware and has actually put me in positions with him knowing I was going to "get slammed"
Lawyer: Debra, Lawyer replied 4 months ago

So how can you go back then? Do you know what constructive dismissal is?

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Customer reply replied 4 months ago
No
Customer reply replied 4 months ago
I can't afford to be without my job or income
Customer reply replied 4 months ago
I am going to contact worksafe bc and file a complaint on Monday and ask about wage loss benifits as I can't take this anymore but I can't afford to kot work....it's horrible
Lawyer: Debra, Lawyer replied 4 months ago

I understand but taking a sick leave and going back isn't going to work.

First there is not much likelihood you will get paid by WCB. They are not going to agree you are sick and pay you in most cases. They don't accept bullying as a cause of illness in almost all cases. They don't generally accept stress from the work either.

You can certainly try.

You can also apply for EI sick benefits and you have somewhat of a better chance of succeeding there.

But once you are back at work you cannot take another sick leave and think you will get benefits. This just isn't how the system works.

It sounds like you do know what constructive dismissal is. But if you quit and claim constructive dismissal you can sue just as if this was a case of wrongful dismissal and get damages equal to what your termination pay would be if you were dismissed.

Do you see what I mean?

And leaving these legal issues aside for one minute you should be actively seeking another job right now.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
You are talking about Worksafe BC....not WCB correct so you are familiar with these situations currently in British Columbia?
Lawyer: Debra, Lawyer replied 4 months ago

I am a lawyer in Canada.

What I am telling you is that all these governmental agencies do not like to pay benefits and anything relating to mental health issues tends to be questioned especially when the allegations relate to work stress and when it's about bullying it generally just is not believed.

I am simply telling you what reactions you will likely get.

It is not going to work out long term for you if your employer isn't helping you and they must help you. It's their obligation.

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Lawyer: Debra, Lawyer replied 4 months ago

Is there anything more I can help you with at this point in time?

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