Legal Question in Workers Comp in California

What can I do if I am injured at work and my boss refuses to reprot or document

My daughter is employed by a well known retailer in Southern California. Her immediate manager has been making promises of career advancement for over a year. A few weeks ago her immediate manager asked her to help him replace a 25� color TV used as a display. As he was removing the TV from the display location (ceiling mount) he lost his grip of the TV and yelled for her to look out�� ultimately, she was hit on her shoulder and upper back by the TV. At the time of the incident he told her she was not hurt and no report needed to be filed. She questioned his decision and whether an accident report was necessary. Again he told her just to take it easy and rest a while, she was not injured and no accident report is necessary. I advised her she needed to insist upon documenting the incident. My daughter did not insist the incident be reported to corporate. Since this accident was never reported and reporting it now may come down to his word against hers is there anything we can do?

Since my daughter was never given the opportunity to get medical advice (her manager definitely was not qualified to diagnose her condition as �fine�), I am concerned of any long term complications that could result from this accident.


Asked on 11/05/01, 9:14 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Statute of limitations

The California labor code provides for several types of notices that an employer must give employees regarding their rights. Every employer must post notices in a conspicuous location stating the name of the employer's compensation insurance carrier or advise that the employer is self-insured. This notice must also list worker's compensation benefits and outline the procedure to be followed by an employee in obtaining them. The notice must include advise on how to get medical treatment, including the selection or change of treating physician. Failure to post this notice is a misdemeanor and results in the right of the employee to be treated by his or her own personal physicial. Labor code Section 3550.

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Answered on 11/17/01, 1:40 pm


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