Highland, CA asked in Workers' Compensation for California

Q: Why is it so difficult to get an attorney for a psych workers comp case?

Thank you so much for your response. As in all cases their are those that will or may meet the requirements... I posed another question just prior to this one asking what to expect at a MSC. This question was more of a follow up to that concern. Can you please review that question and help me? With all due respect, I basically handed a compensable claim to any atty that would take it. Yet no one would... Understandable, no one wants to work for free... But what do we do as workers when we have been legitimately wronged. This process has not been easy for me .. I've had a lot of sleepless nights... Is there a place we can get representation just as a challenge to the counselor... To at least give our claims a chance? I hope this comes across the way I intended it to and not in a "messy" way. It's literally taken me to the verge trying to get to this point. What do you mean by the "2 days" please? How do we know which things we agree upon? Can u please b more detailed in what judge will

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: The worker must prove that (1) there is a disabling psychiatric injury, then (2) that 51% of that condition is due to unfair and/or extraordinary events arising out of employment and in the course of employment. AND one must be on the job more than 6 months. Unless you took a knife or a bullet, most people do not meet these requirements. The employer has the defense of "Business Necessity". So the Employer has witnesses testifying the actions taken were reasonable and necessary to conduct business, and it can wipe out the injured worker's assertions. These trials take months; the judge can only give 2 days together, people take hours and days to tell about the unfair supervisor. After 2 days, that parties wait 6 weeks for 2 more days. ( The judge always wonders why the worker would stay in employment that was injuring them.) Then the judge can decide the actions taken by the supervisor/employer were reasonable for a business necessity. Then the attorney gets zero.

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