Am I entitled to workers compensation?
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Am I entitled to workers compensation?
Im experiencing cognitive deficits and volume
loss in brain due to night shift, overtime and
sleep deprivation.
I have been under doctors orders to be off the
last 3 weeks. Testing and MRIs have confirmed
there is real medical condition I am
experiencing. I am to also return to work with a
modified schedule for my health and safety.
This has also resulted in workplace stress.
Asked on July 31, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, you are not, because you have not suffered a discrete "injury" at work. There is no compensation for any impacts on you due to long hours, night shifts, stress, or sleep deprivation (which are not considered "injuries" for this purpose, anyway) for the pragmatic reason that then most of the workforce would have claims for compensation, which would cripple the economy. And also for the legal reason that employement in this nation is "employment at will": not only does that mean that the employer can terminate you at will, but also you can quit at will. If you find a job too stressful, the hours to long, or the shifts not good for your lifestyle, you can--and are expected to--quit and seek other employment. If you continue working there, by voluntarily doing so when you do not have to, you give up any claims and "assume the risk" of working under stressful, late night, etc. conditions.
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