Skip to main content

Personal Injury or Workers Compensation?

I was in a Management Position at a Worlwide Corporation. Against my reccomendation a person was hired who appeared to have problems that were out of our control. This employee could not due the work. I tried to have he/she removed before their new employee trial period was up; HR refused to do so without providing a reason. I worked many hours, on averaage - hours a week, including weekends, holidays, etc. Said employee continued to be a problem, work was erratic, many errors, this person was also very emotional. Employee was given warnings, both verbal and written. The workplace stress was unbearable. A final warning was prepared, employee found out before it was given and called out sick. When employee returned; it was with a letter from an attorney containing allegations of harassment and discrimination. Investigation was delayed several weeks, but completed. Investigation exonerated me. I indicated that I was not comfortable having this employee in my departmen and was told that he/she still must report to me. Subsequently I became incapacitated due to stress and anxiety. According to my attending Doctor, I will never be able to work in such a high stress, fast paced position again. I have always worked in this enviroment, but ths particular company overwork was a new addition to job responsibilites; add the problem employee and it wa a recipe for disaster. It is being treated as a workman's compensation claim. I have not received anything from this claim yet. I understand that the offer to settle is limited by MA WC Law. The final offer is only a little more than 18 months salary. Should this be pursued as a personal injury claim?

Talk to a Lawyer Today
Find a Personal Injury Attorney in your County
Most offer FREE Consultations