Legal Question in Workers Comp in California

I was hurt on the job 3 weeks ago and my employer said he would pay for me to go to the chiropractor. He now sent me an e-mail saying he would no longer pay and I am still in pain so bad i cannot sleep at night. What should I do?


Asked on 1/07/10, 8:01 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

It sounds like the employer is trying to go around the WC system to prevent his insurance rates from going up. Tell him that you need medical treatment and if he is not willing to provide it you have no choice but to file a first report of work injury and he must forward that to the WC carrier or risk their refusing to accept coverage and he will have to pay all the costs. The name of the carrier should by law be posted somewhere on the job site. Verify the name with your boss and if you do not hear from them within a few days call them up. Also, most chiropractors who treat industrial injuries are willing to take the case on a lien basis--they get paid once the case settles or the carrier starts picking up benefits.

Find out why your boss will no longer pay for treatment. While most chiropractors have a much better bedside manner than physicians, they also have a largely non-scientific view of injuries. They do not move vertabraes,they are providing physical therapy. The best way to recove from most more minor back and neck injuries is to do exercises on your own once you are taught how to do them properly. Beware of any health care provider who gives you the same type of treatment for many weeks; if something does not work significantly after a few weeks, there is no reason to believe it will work if the same thing is done for even more weeks. You may need at some point to go to an experienced local WC applicant's attorney.

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Answered on 1/12/10, 9:14 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

I highly recommend that you retain an experienced worker's compensation attorney who will most likely refer you to a specialist rather than a chiropractor and the doctor if deem necessary will take you off work. You have a right to change your doctor and you don't need to wait for your employer to send you to a doctor or send you to a specialist. We have cases all over California. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/13/10, 6:41 pm


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