Legal Question in Workers Comp in California
I am having back surgery from heavy lifting at work? Can I file workers compensation without seeing one of the company doctors?
1 Answer from Attorneys
You can always file a WC claim no matter what; I assume you mean will getting the surgery before telling your employer you had a back injury cause you any problems. Sure it will. How would you react if you were the supervisor of someone at work who phoned in to say I have to be off work for several months because I had back surgery, and by the way it is from work. Also, some physicians are surgery happy and will operate on anyone; if that is who you selected and you do not get a perfect result, the carrier will likely say the surgery was unnecessary and/or not from work. I hope you have gotten at least a second opinion as surgery should only really be done if the pain or disability is just too much for you to put up with any longer.