Legal Question in Workers Comp in California
My boyfriend works as a kitchen supervisor at a restaurant and he recently suffered a cut on his hand that required 13 stitches. Although he was in a lot of pain and his hand being numb the doctor said he could go back to work that same day, with the only restrictions being to keep his hand dry. At work they still expect him to do everything as normal and if he doesn't feel well or is in too much pain he can leave or not go to work but its at his own cost. Can we sue? its been 3 weeks and his hand does not heal. the doctor himself said it was because he's not letting his hand rest. the only way he can rest it is getting time off work. but it will not be paid.
2 Answers from Attorneys
Workers' Compensation is the exclusive remedy for on the job injuries as he suffered. You can not file a civil suit. However, he does not have to do any work that is beyond what the Dr. has directed, which also appears to include allowing it to rest. If his pain becomes too great or his work duties can not be modified to include only what the Dr. says he can do, he is entitled to stop working and receive temporary disability benefits for the time off work. TTD is paid at 2/3 of salary up to a certain limit. The Dr. should be seen again and told what his problems at work are and asked if the restrlctions can be changed to reflect what causes him pain and slows the healing process [even if he does not put his hand in water, kitchens can be very humid and result in the hand being as though it was in water.
If the employer will not agree to the above, contact the WC claims adjuster to get the employer in line.
He should be taken off work immediately. He needs to report his inability to work to employer and request for another doctor. If the other doctor send him back to work I recommend he should retain an attorney to go outside of MPN and apply for EDD benefits. Feel free to call us at 213.388.7070 for a free consultation.
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