Legal Question in Personal Injury in California
I hurt my knee at work. I let my boss know and he sent me to the company Dr. Their Dr. said I have a torn knee and was to be on light duty no more then 10 pounds lifting etc. I am also to have physical therapy three times a week. My job does not have light duty so I was told that they might not have work for me. Also, I was told that all Dr. appoint. and physical therapy appoint. had to be on my time or I will not receive pay. My boss said that his boss wants me to do something because they are not going to pay me to sit at home. The company Dr. did not even do an Mri. I want to know can they withold pay if I have to go to the PT three times a week? Can I go to my own Dr and have the MRI? Does my company need to pay for it? What about disability am I allowed to have that since I can't walk and might need surgery?
2 Answers from Attorneys
You need to file a claim for worker's compensation benefit and if you can't work and the doctor is sending you to work, I recommend that you change your treating doctor who is willing to certify you for temporary disability benefits (TD). Worker's compensation laws are highly specialized area of law and I highly recommend you to retain an experienced worker's compensation attorney. We handle cases all over California. Feel free to call us at 213.388.7070 for a free consultation.
If your employer satisfied all the elements required with regards to sending you to a PTP, then you can only switch to a doctor within your employer's MPN list. If your employer failed to satisfy at least one element, then you could elect any doctor you wish. However, even knowing this, it is very difficult to find a good primary treating physician who understands how to write a worker's comp medical report.
All-in-all, workers' comp is very complex area of law and therefore, you should consult with an experience workers' compensation attorney who can assist you with prosecuting your claim.
If you would like a free consultation, please feel free to call my office at 1.877.505.INJURY.
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