Legal Question in Workers Comp in California

Employer gives runaround about injury, no report

I seem to have caused a pretty painful injury to my hand, where my thumb is locked against the side. Very noticeable and painful. I�m guessing it�s some kind of CPS. When I reported it, the guy that handles the injuries said that it may or may not have happened there, and take a few days off. He didn�t make out a report, but agreed there was defiantly something wrong and maybe some nerve damage. But when I told him that my benefits were not active yet (because of a screw up) I was told to just go in anyway and have them bill me, and the insurance company will pick up the tab later. But I don�t see how that is possible when I�m not even insured yet. They refuse to send me to their doctor. I called again today and was told the same thing about how I need to go into my doctor, but like I said I don�t have one, because the benefits will not be active for 2 weeks. I�m confused on what I should do. Is there a law that they have to send me to a doctor? Or am I required to act on my own and go to a doctor, even if work related? There really is no work at this place I can do because of the injury; gripping a pencil is extremely painful, but I feel I will be terminated because of not coming in. Company is a large package delivery service


Asked on 8/08/01, 2:55 am

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Employer gives runaround about injury, no report

You need to obtain and complete a DWC1 form, an employee's claim form. Send it to your employer to complete the bottom section that provides their worker's compensation insurance carrier information. Your employer has control of your medical treatment for the first 30 days, however, if that treatment is not adequate of non-existent as is here, you may go to a doctor of your chioce. Tell him or her that it is a work injury so that he may complete the DOCTOR'S FIRST REPORT OF INDUSTRIAL INJURY. 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 insurance 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.

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Answered on 8/14/01, 9:30 am


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