Legal Question in Workers Comp in California
I have an existing back injury. Its been tolerable for a while now. 2days ago at work I was photographing freight for a customer with a male coworker who was operating the forklift. It was an accident but he bumped into me while backing it up. When I was hit I turned my body in a way that totally reaggrivated my back problem. Now I've had pain again for 2days. My general manager in so many words told me that the company can't have a WC claim because the premium would skyrocket and the company would be in trouble. I know the security camers caught everything so the incident can be proven not my fault and know its against the law for them to intimidate me into keeping my mouth shut. However, I know my work life would be miserable if I did the right thing. I'm 40 yrs old and I need to take care of myself. I have a family to support and they need me in tip top shape. But they also need me employed. I already let them go in April by not filing sexual harassment charges on a different male coworker when he touched my breasts. I'm tired if overlooking all the bad just to be considered a team player Help.
2 Answers from Attorneys
You just complete the DWCForm1 WORKERS COMPENSATION CLAIM FORM, you had a copy (well, the original and get some copies first) to the employer and fax one to the workers comp insurance company, and it's 'filed': http://www.dir.ca.gov/dwc/DWCForm1.pdf
Workers Comp Is a no-fault system. there is no 'fault' to be shown. you're hurt in the course of your employment and arising out of employment, it's an industrial injury.
regarding security cameras, don't count on that. in 99.9% of demands for tapes from security cameras for the date of the injury, they're denied because it was taped over or destroyed in 48 hours.
So if you don't have your subpoena for the camera capture in hand today, it will likely just 'disappear'.
fortunately, you don't any tape. YOU DO need to get to a doctor ASAP and document what happened and the symptoms and how it's work-related.
Skip interacting with the boss if at all possible because you won't get any accurate or useless response; SEARCH FOR THE COMPANY'S WORKERS COMPENSATION INSURACE CARRIER.
Usually there is a post in a lunch room or hallway or bathroom noting the workers comp carrier for the company; go look for that.
If not, the WCIRB has insurance information on many employers.
another way to go is to hire a certified specialist attorney specializing in workers compensation.
You need to retain an attorney to file a claim for benefits for worker's compensation benefits that include ongoing medical treatment, temporary disability benefits, a settlement for permanent disabilities and future medical care. Feel free to call me at 213-388-7070 for a free consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
