Legal Question in Workers Comp in California
Employee rights
Several months ago I informed my employer of pains and numbness in my hands, wrist and arms. After about a week I was sent to the employer�s doctor. The employer told me nothing could be scheduled during work hours unless it was found out that my injury was work related. The doctor diagnosed me with RSI in both hands due to excessive keyboard and mouse use at work (work related). I went ahead and scheduled my physical therapy and follow up appointments during the available times they had. After informing my employer I was told a different story of not being able to schedule anything during work hours. I had to cancel all appointments and it was difficult to schedule something after work for at the time I had a second job. My employer finally was able to get me into the evaluation stage with the physical therapist. I was not able to return for any other appointments since then. A claim is open with the worker�s comp insurance company and my representative is no help. I recently got back to see the doctor (3 months later) and informed them of why I haven�t been in. I want to know what my rights are in seeking treatment and if my employer is suppose to either accommodate or compensate if on my own time? Should I seek representation?
2 Answers from Attorneys
Re: Employee rights
Within the first 30 days, your employer may control your medical care. You should obtain representation immediately so as to be referred to a doctor your attorney works with. When you are deemed permanent and stationary it is critical to your final award to have your work restrictions opined by a doctor who is applicant oriented, and not one on your employer's insurance company payroll. The worker's compensation system is very adversial. The insuarance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protect your interests. The worker's compensation insurance companies have attorneys, why don't you?? Call me directly at (619) 222-3504.
Re: Employee rights
You should definately retain representation. The ADA states that your employer must accomodate you for your medical appointments and if you cannot schedule them after work hours the employer is required to allow you to see your doctor during your regularly scheduled hours. Once you are deemed permanent and stationary by your doctor you will be given a rating 1-100% permanently disabled and a settlement will then be based on that amount. Without an attorney you will have no idea what a fair amount is. I would recommend you contact the local county bar association and request a referral to a local workman's comp attorney who is in good standing with the State Bar. They usually know who is good and will give you good service. Good luck.
John Hayes, Esq.
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