QUESTION
can I file worker mans comp for my husband
Asked on Mar 21st, 2017 on Workers Compensation - Virginia
More details to this question:
He was on job when he finally had a breakdown due to his supervisor which started a while ago but finally due to so much going on for a while and him trying to keep everything in tack he had a mental breakdown and was sent to seek help from a doctor and his doctor diagnosed him with ptsd and some other things my ? due to his state of mind and she took him out for 2 months until he sees a therapist can I file worker mans comp and short term both just in case if he is denied workmans comp even though the breakdown was on job? Also my other concern is if he gets worker mans comp he is still in no state to be back there just to do nothing so suppose if he gets workmans comp they try to put him at another job within comp? can they do that? because he is having mental breakdowns and it is a nightmare to the whole family including his kids
1 ANSWER
Workers Compensation Attorney serving Richmond, VA
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Gerald G. Lutkenhaus, Attorney at Law
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The State of Virginia does not recognize a workers compensation claim based on your facts. Job stress is not recognized as either an accident or as a compensable disease in the State of Virginia. He may have other remedies such as under the Family Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA); however, he has no remedy under the Virginia Workers Compensation Act.
Answered on Mar 29th, 2017 at 6:22 AM