Legal Question in Workers Comp in California
Employer Penaltys
My employer held up my cliam for 42 days resulting in severe spinal cord damage that will be with me for life....What are the penaltys?
3 Answers from Attorneys
Re: Employer Penaltys
Did your employer delay your medical treatment? Your employer has ninety days to accept or deny a possible work-related injury, but they must send you for medical treatment immediately.
With regards to your spinal cord damage, is this what you were told by a doctor, or did you draw this conclusion on your own? There are many questions to ask you. You may have other causes of action against your employer or even a doctor.
Please feel free to contact my office for a free consultation at 818.385.0520.
Re: Employer Penaltys
Feel free to call us at 213.388.7070 for a free consultation to discuss your case.
Re: Employer Penaltys
reallistically the penalty can be up to 25% of the cost of the first office visit. Additionally, should a penalty issue you can request an audit by the Audit bureau. If the practice by your employer is found to be repetative, then the audit unit can assess up to $400,000 in fines.
Unfortunately, this does little to help you because the legislature gutted penalty provisions in April 2004 with the passage of SB-899. You might get $40 or $50 if the office visit is expensive and you can find an attorney to litigate a pre-Award penalty.