Legal Question in Workers Comp in California
Any case?
Our employee got hurt onsite and we paid for all of his medical privately because it was not approved by WC. As a side note, we have several other employees who have verified that the injury was completely his fault because he was using equipment he was expressly told NOT to use. We have also paid for his full wages for the last 4 months. His doctor released him to work, but he still wants to collect a check without working. Does he have a case against us?
1 Answer from Attorneys
Re: Any case?
Generally, workers compensation is a no fault situation. Therefore, most likely the employee has a comp claim, even if he was using equipment he was told not to use. However, there is a defense that may provide some mitigation of damages.
Even if a doctor releases an employee to return to work, there are several issues. Was the employee informed of his right to disagree and seek a second opinion? Did the physician review a job description? Were there restrictions?
Perhaps the only recourse at this point is to stop paying the employee given the return to work medical report. If he then decides to file a comp claim the carrier can sort out the mess.
If the carrier has refused to accept a comp claim, that does not make you responsible to pay for a work related injury. You have met your burden by paying for comp insurance. Undoubtedly, your employee should have gotten representation.
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