VA- Stress Related Claim???

[beckyvs]

My question is can I file a workman's compensation claim when my job has start affecting my health? I have been put in the position of having to do two full-time positions in the last 3 years and I am continually being told that they both positions are only part-time (these individual positions were full time for years when the University emplyees and students were much smaller). I am currently doing accounts payable and am over our fleet of vehicles such as scheduling, maintenance along with numerous other duties assigned to me by Physical Facilites. The first two years my jobs were Accounts Payable, Human Resources and Payroll & Benefits. I have repeatedly told them that it's too much for one person and I can't do it, but they say that it's in my job description and they don't think either position is full-time, which I don't know who wrote the description, but apparently they have never done. Each position that I am currently doing were considered full-time for years and one person for each position. For some reason they think these positions are part-time and have merged them together. I have had to go to numerous doctors, including phsychiatrist, therapists, doctors, along with emergency room visits. The last couple months I have been physically sick and in January 08 my doctor told me that she thought I was developing an ulcer.I am having to take medication just to be able to function and do the duties required from me. It has gotten to the point that my nerves are shot, I have to take Xanax to make it throught the day, I can't function, I just feel like that I have been and am continually being traumatized.

I was under FMLA from Sept 05-Sept 06 due to stress from my job and medication adjustments and recently have had to go under the FMLA again due to finding out that my mother has a brain tumor which is terminal and I feel that I am being intimidated and pushed into working hours that I am not capable of doing at this point. I was called into a meeting 3/7 with three department heads wanting my schedule to work and was told that they need someone there 40 hours a week from 8-4:30 and I feel that I am being pushed. This has made my anxiety even worse and my stomach stays sick all the time. Under the FMLA I was supposed to receive an employer response to the FMLA paperwork that my mother's doctor filled out and I turned in at work stating my obligations and responsibilites and I have received nothing from them as of 3/7/08 and it was turned in mid February. I did call HR 3/7 and asked about the employer response and was told that they knew I was under it. Under VA Law, would I have a legitamite claim for worker's compensation due to stress of what I have been through at my place of employement and notifying them on several occassions that it was too much and it's costing me money to work their because of my medical bills.

I have dealt with this for over 3 years; I need to work, but my health is declining due to the stress of the job. I've even had three doctor tell me that I should quit. I am not considered a "key" employee. I appreciate any advice that you can offer me to find a solution. I know that I can't work for them much longer due to the health issues that it has and is causing. I feel that I need to get out of their before something serious happens to me health wise, but I don't feel that I will be able to work at any job for a long time until I can recover from what I have been put through trying to be a good and reliable employee. Thanks for your time. Becky

[jayne]

no one forces you to be there...And that will be their answer crappy as it is.....And I love this one ....go ahead and quit there are 3 people waiting to fill your slot!.......employers dont care ....do what you can and let the rest go...if you are getting it all done they have the proof one can do it.....If you do your best and it doesnt all get done they just might hire another person

[tourdaddy]

Go back to your doctor and have him modify your restrictions. If he believes it is something that you can not perform he should be able to say what you can and cant do. Be very careful though, you dont want to get yourself or your dr. thinking you are a hypochondriac.

[Deb]

I agree with Jayne. I think you have the choice to look for another job if you feel like it is too much for you to handle. You can ask an attorney about the stress claim and see what he/she says. Usually the first consultation is free. Below is a link to your state rules pertaining to workman's comp maybe it will tell you something in it too.

http://www.workerscompensation.com/regul...e=virginia


Good Luck Becky and welcome to the forum.
Deb

[lfoster21]

I'd suggest that while you are still there and looking into what you can or can't do with w/c, take this time to send out resumes. That way when you decide to leave or if they ever let you go, you will not be stuck without work. Nowadays, you can fax resumes to most employors and you can put them up on websits such that help connect employers with employees. This way you can do these things from home and on your own time. You don't have to make appnts. to go in and talk with anyone at this point.

Good luck and keep us updted.

[red1030]

Hi Becky...it sounds like you are in a tough position. There are two primary theories of thought when it comes to management... the first one I will describe is one that most organizations and manager subscribe too.. this says that if you need to get 10 things done in a day, give the employee 12 things hoping that the 10 will be met. In this theory, the organizational needs are met, however, employees are typically unhappy becasue most people have a desire to please their boss and to know that they are doing a good job. When an employee believes that 12 tasks are expected and he or she only completes 10 they walk away daily wiht a combination of emotions. One of course is anger at the boss for making them do so much or giving them more than they can do. Another emotion is guilt which eventually leads to unproductiveness and anger also. This type of management style is seen mostly in large organizations where there are large profit margins and managers and employees have a line between them. The second theory states that if you want 10 task completed, ask the employee to complete 8 knowing that they should be able to complete 10...when the employee meets 10 and only was asked to meet 8 then the employee is happy, filled with pride, and enjoys their job. I like the second one the best. It sounds like you are living under number 1... The answers by jayne and Deb are absolutely correct. You have the choice to leave and obtain another position elsewhere. The chances of claiming a workerscompensation becasue of your job duties ...and your belief that they are creating these health issues are nile to none that you could prove it. Have you read your job description? You should have been given a copy and signed a copy for your employee record upon hire. If the job description is changed and more tasked are added to it, then the organization has a responsibility to review the job description with you again and also have you sign the new updated version...for your employee file. If that has not happened, and you have your old job description, you may have a labor claim. There is a lot more in terms of regulation and labor laws. I do not have the site for labor laws in VA but you may benefit by doing a search and reading them.... or contacting them about your delimma. Always remember that in todays world, cut backs occur everyday. Profit margins are narrowing resulting is shuffling or duties etc. Many organizations are re-evaluating their work flow and attempting to chnage their position controls..ie, number of positions that are available to raise that profit margin or to just to maintain a positive bottom line. I hope this helps some.... good luck to you and your mother...Red

[sparkey]

I was going to say the same thing Red just did about get your job description. I just saw a copy of mine yesterday as i was going through all my paperwork i saved since my injury. I had asked at one time from HR to give me a copy of my job description. I could not believe half the stuff i saw on there, and what i was doing.

Another thought is, like you said try to find another job. Start looking into stuff now. Alot of people say they are going to change jobs, and have been stuck in one place for many years for fear of change. Believe it or not, when i had to give up my career due to my injury, i am making 7 dollars more an hour, just got a raise after being there only 6 months and the money i am making now, would of took me forever in the healthcare field to get to. Change is not all that bad.

I wish you luck with your mother, as i know how it is when my daughter was very ill and FMLA was new and I did not know it was available to me. I worked and it was very hard to work and cry all day knowing she was in the hospital for months without me by her side. Remember family and health comes first. NOT WORK! Good luck.