Legal Question in Workers Comp in California
My hand was smashed in the elevator door at work an incident report was filed but I finished my shift. I did ask to go to the doctor on my next scheduled shift . I have restricted use of my rt hand and a brace on my middle finger I am not happy with the medical care provided can I use my own and do I have to pay if I do?? Also who is responsible for the elevator closing on my hand?? My employer or the elevator company??
3 Answers from Attorneys
You will have a better chance to file a worker's compensation case and receive paid medical treatment, temporary disability benefits, settlement for permanent disability and future medical treatment. You may also go after third party such as the owner of the building and/or the elevator company but you have to prove negligence. Feel free to call us at 213.388.7070 for a free consultation.
Be sure that whatever attorney you hire looks at all angles. Recovery under worker's compensation is more limited than under a civil lawsuit. You should be looking at the building owner, the maintenance company, and, possibly, the elevator manufacturer, in addition to the worker's compensation claim.
WHO IS RESPONSIBLE for the elevator door closing on your hand??
(1) YOU (depending on circumstances);
(2) Building Owner
(3) Elevator Manufacturer
(4) Elevator Servicing Company
The Employer is responsible for MEDICAL TREATMENT, Temporary Disability and any residual Permanent Disability that comes from this incident.
If the Employer owns the elevator and self-services the elevator, it will be nearly impossible to pursue a civil action against the employer. The EXCLUSIVE REMEDY for an INjured Worker against an employer is Workers Compensation (with very few exceptions).
AND BECAUSE it is hand, a Personal Injury claim against the manufacturer and installer will be practically impossible because no attorney would make enough money ... it would take $20,000 in expert testimony to 'win' a $15,000 attorney fee...
....go ahead and look but don't be heartbroken when Personal INjury attorneys do not call back .
CAN YOU USE YOUR OWN DOCTOR: NO! Complete waste of time. PICK A WORKER-FRIENDLY DOC from the insurer's Medical Provider Network (MPN).
Comp Insurers need only respond to requests from MPN doctors, they only authorize MPN doctors to treat, and the Judges only consider reports from MPN doctors (very few exceptions). Unless your 'personal' doc is on the INsurer's MPN, his findings get completely ignored.
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