Q: Is there anything I can still do?
I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given the opportunity to leave early for Dr’s appointments because there would be no one to do my job so I could not even leave to do that and had to quit just to be able to go aside from the horrible pain I was going through.Also I was not diagnosed until a year later from when symptoms started because the Dr thought I had RA initially. I also did not work for a year and a half to treat it. I recently read a case where someone recieved Workers Compensation for that but I think it’s past the date for me. Can I still seek compensation of some sort for the misery I will deal with for the rest of my life or is too late?
A:
You need to seek out a consultation with a workers compensation attorney to determine if there is any chance at making such a claim. It is not likely you have any rights outside of the workers compensation system for the workplace induced injuries that you suffered. You have likely lost any chance of getting compensation based on the delay but you need to share the specifics of your situation with a qualified workers compensation attorney to know for sure.
That said, if you were a non-exempt employee but were not given a reasonable opportunity to take a legally compliant meal or rest period, you may have a right to wage penalties, and the time to raise that issue has not yet passed, but it is getting close. If you wish to pursue those claims it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Theodore Allan Greene agrees with this answer
1 user found this answer helpful
A: All i can tell you is there is a Statute of Limitations requiring you provide notice -- generally written -- to the employer you are claiming a work injury within one year of sustaining this injury. So if there is a old writing in 2016 that you could convince a judge put the employer 'on notice' that you were claiming workers comp benefits, then go ahead and file and get ready to show that writing to a judge at trial when the employer denies the injury.
1 user found this answer helpful
A:
much more info needed.
you need to consult with a workers comp attorney and maybe an employment law atty to ascertain your rights.
there are probably issues with timeliness as well as causation.
1 user found this answer helpful
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