Repeatedly told to do task out side of my job description that caused my physical exhaustion/injury. Do I have a claim?

Question

A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with her. She would repeatedly put me to do physical labor task that would result in my physical exhaustion/emotional distress/anxiety/fear of retaliation if I spoke up, fear of being transfered, fear of loosing my job security. As a result of the repeated harassment I eventually began expecting physical symptoms of stress/head tremors and chest pain. I’ve been on workers comp but my cast exceeded the 60 days and got denied due to missing QME evaluation. I just completed my evaluation due to long waits to schedule an appointment. I am waiting on the QME results but will no longer be getting paid by workers comp in the meantime. I was informed by HR I would have to payback what I have been paid.

James L. Arrasmith · Answer

Your situation sounds challenging and stressful, especially with the physical and emotional toll it's taken on you. In California, workers' compensation is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. Given your description, you've taken appropriate steps by filing incident reports and applying for workers' compensation. 
 
If you were asked to perform tasks outside of your job description that led to injury or exacerbation of health issues, this could potentially form the basis of a workers' compensation claim. It's concerning that despite filing incident reports, you were still required to work in an environment that seemed to contribute to your distress and injury. 
 
The denial of your workers' compensation claim due to missing the Qualified Medical Evaluator (QME) evaluation complicates matters. However, now that you've completed the evaluation, the results could have a significant impact on your claim. It's important to closely follow any instructions provided by the workers' compensation board or your employer regarding this process. 
 
Additionally, the scenario you describe may also raise issues related to employment law, such as workplace harassment and failure to accommodate a known medical condition or disability. You might have grounds for a legal claim in these areas as well, particularly if your employer's actions or inactions contributed to your injury and stress. 
 
Given the complexity of your situation, involving workers' compensation, potential harassment, and employment law issues, it would be advisable to consult with an attorney experienced in these areas. They can assess the specifics of your case, guide you through the workers' compensation appeal process if necessary, and help you understand your rights and options regarding potential employment law claims. Remember, each situation is unique, and legal advice should be tailored to your specific circumstances.

William John Light · Answer

You need to talk to a workers compensation attorney. 
Whether you have rights in a civil suit depends on a lot of factors.  If your employer was discriminating or retaliating against you on account of a disability, or failing to accommodate a serious health condition, you might have claims against it.  However, it is unclear how an employee whose position was lower than yours, was able to put you to work, unless that authority was endorsed by employees senior to you.

Q: Repeatedly told to do task out side of my job description that caused my physical exhaustion/injury. Do I have a claim?