Legal Question in Workers Comp in California
Company won't file workers comp
2 months ago I was robbed at gunpoint and hit in the head w/the gun. A police report was taken & 2 other employee's were there as well but the gunman let them go but, held me. My employer took 1 week to give me there counsler's name & number. My employer allowed 3 visits, so the dr/counsler told me to go to my primary Dr. to get a RX for my nightmares & be referred to a therapist. My company then gave me 3 more visits to the counsler who found I cannot work until Oct. at minimum and have major mental issues, which he noted in the State Dis. form. I find out that my company took me off the group ins. within 2 weeks of the injury, so now I am stuck paying my primary dr. bill & cannot get my RX to help me sleep. State disab. said it's a WC claim but, my employer will not file WC for me as I have asked them twice. I have not been able to see a Dr for 3 weeks now and I haven--name removed--been paid anything by SS, WC, State disab. or my employer.
What can I do? What would a lawyer be able to help me with?
1 Answer from Attorneys
Re: Company won't file workers comp
YOU NEED TO CONTACT A WORKER'S COMPENSATION ATTORNEY TO FILE A WCAB CLAIM AND APPLICATION FOR YOU. YOU DON'T HAVE TO WAIT FOR YOUR EMPLOYER TO FILE A CLAIM FOR YOU. YOU ARE ENTITLED TO EMPLOYER'S (OR THEIR INSURANCE COMPANY) PAID MEDICAL TREATMENT AND TEMPORARY BENEFITS WHILE YOU ARE DISABLED. IF YOUR EMPLOYER HAS NO INSURANCE THERE ARE OTHER THINGS SUCH AS TO FILE A CIVIL LAWSUIT OR FILE THROUGH UNINSURED EMPLOYER'S FUND (UEF). SO YOU HAVE DIFFERENT OPTIONS. I SETTLED A BIG CASE SIMILAR TO YOURS LAST YEAR. PLEASE CALL ME AT 213.388.7070 FOR A FREE CONSULTATION REGARDING YOUR CASE.