Visitor Question

Claim for elbow tendonitis and a hostile work environment?

Submitted By: Ruby (Oceanside, CA)

I filed a claim for bilateral elbow tendonitis when I was working for this one group within a big company.

The job in that group was going to be eliminated soon, but my reporting made it happen quicker and I was transferred to the most undesirable place within the company.

At first my new Supervisor said she could not accommodate my restrictions, and then changed her tune. The job is very repetitive in that group and now she has been creating a hostile work environment for me, calling me if I am not producing enough work, or if I am away from my desk for too long, etc.

I have a 4 hour typing restriction with 10 minutes break every 30 minutes of typing. I work 10 hours a day, with 30 min lunch. So I made the 4 hours stretch throughout the day. It does not matter what I do, but as I seem to begin to feel better, she brings something up. And does it in front of other co-workers.

I am very stressed out, and can’t sleep.

I plan on filing a grievance for this (Union employee). There already is a grievance in place on how fast I was moved, and to move me to a job that is not the “undesirable” one.

I am also thinking about filing a stress claim. I don’t see how I can keep working in that group.

I am a 30-year employee, and never filed any claims in my 30 years, other than the elbow tendonitis. Do I have legitimate grounds for making the claim? Is the hostile work environment issue a separate claim? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ruby,

Your situation is unfortunate. If in fact you suffered your elbow injury while on the job, AND an approved physician confirms the injury is directly and unequivocally a result of your job duties, then there should be no question about you being covered by workers’ compensation benefits.

Unfortunately, from the limited facts you present, you do not have the basis of a claim against the company or the supervisor for stress resulting from a hostile work environment. At this point you should pursue the grievance and see how that goes.

Moreover, see your treating physician and ask her or him to make a decision about your injury, and its relation to your job duties. Until such time as your treating physician makes a determination, there is not a lot you can do. In the interim, speak with your supervisor and reaffirm you sustained an elbow injury while you were performing your job duties.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 14, 2014

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