Legal Question in Personal Injury in California
My husband has been working for a tow company for a little over 2 years. A couple of months ago he began having alot of pain while at work in his truck. After several visits to the emergency room including a trip which they kept him for a week because his blood pressure was at stroke level and his heart rate real low. He has been put on med's for that condition and referred to an orthopedic surgeon for siatica from a herniated disc. So again he asked his employer about workers comp doctors as they had not given him any info to date. Now they have him sign a form saying the first date he went for medical help and referring him to their workers comp doctor and hospital and requiring he have a drug test done, and saying he has to go today to the hospital...There was not an acutal "accident" that occured, this is from repetitive motion mostly..can they do this? Is this not some sort of privacy invasion
3 Answers from Attorneys
They can have have him go to their Dr. for examination to see what is wrong and what treatment would be best. Requiring a drug test seems irrelevant several months after he last worked and when drugs would not produce back pain [could cause high blood pressure]. The proper procedure is that if the examining physician, after doing a normal exam, feels that certain drugs may be causing him pain or restictions in motion, then he could test for those certain drugs, but not others.
It is not an invasion of privacy to ask him to see a doctor of their choice but he can find an attorney and go to his own doctor.It sounds like this is going that way anyway so beat then to the punch.
Your husband type of injury is called continuous trauma and is caused by repetitive motion. The drug test is irrelevant and normally done when an employees claims an injury and also it tend to embarass the injured worker is the result show positive. Feel free to call us at 213.388.7070 for a free consultation.
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