Legal Question in Workers Comp in California
I fell at work {Indian Casino}
Can they pick what they will cover when I fell into an indoor creek bed at work, broke and dislocated my foot. The EMTs, First reponce team of the casino did not handle me correctly, no back board, no neck brace. They did not tell the ambulance EMT`s that I could have possible neck and back injuries and in turn the ambulance did not tell the hospital. I do not remember very much about that night and have been on pain meds and would like to have my back and neck checked out because I been having head aches and low back pain but they refused to cover my x-rays if I go and have them done.
1 Answer from Attorneys
Re: I fell at work {Indian Casino}
I do not know if Indian employment is covered under California WC or not since technically they have a special status. Assuming they are covered, get a detailed answer from their comp. carrier as to why they will not pay for x-rays and examination for your neck and back. Point out how soon after the accident they began to bother you [if it was not for several days later, they will probably say there appears to be no medical connection]. Actually, most physicians only take x-rays because patients expect it to be done; they treat on the basis of the symptoms and most soft tissue injuries have no x-ray findings.
It seems that you need to hire an experienced WC attorney in your geographic area since the proper medical investigation is not being offered. The attorney will charge a flat percentage fee of about 10% of the amount of permanent disability eventually awarded. Good luck. Be sure to do exercises that the Dr. recommend as that is normally the fastest way to recovery.
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