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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?

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To apply for workers’ compensation, you must first file a “written notice of claim” to put your claim on record. Your employer should file a form called the Employer’s First Report of Occupational Injury or Illness. This does not start your claim process. It only serves as your employer’s accident report.
Your employer is not responsible for filing your workers’ compensation claim, or for helping you file one. You must do it yourself by making an official claim for workers’ compensation to protect your eligibility for benefits.



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