Legal Question in Workers Comp in California

Is it appropriate for my employer to say:

I was injured at work in Jan. 1999. I was not treated at the time of injury. I viewed the injury as a simple strain. After a few months I started to have groin pain which increasingly got worse. After many treatments and many doctors I was sent to physical therapy. The therapist discovered a diffrence in my hip structure that was causing the pain. She felt that the problem was caused by a back injury. I then filed a workers comp form. My employer wanted to question me before turning in my claim. During the interview he asked me some questions that I felt were not appropriate:

1) Do you think maybe these aches and pains are because you're getting old?

A.)I am only 36

2)Why did you cancel your personel insurance?

A.) I was recently married I have insurance through my spouse.

3)Were you accepted by that insurance company?

A.) Yes

4) Were your claims denied by that company?

A.) I have not heard from them.

Are these questions legal to ask? Are they appropriate?


Asked on 1/05/01, 12:31 am

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Is it appropriate for my employer to say:

Your employer may have been asking inappropriate questions, and, he may have attempted to get responses from you that would be detrimental to your case if it was to go to trial. However, if your employer discriminates against you as a result of the filing of your claim, then he has crossed the bounds established by law. My concern is that you receive adequate medical care with the necessary evidentiary requirements. You would be well served by obtaining representation in this matter.

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Answered on 1/05/01, 11:30 am


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