Legal Question in Workers Comp in California
injured at work, boss will not accept claim
I have tendonitis in my right and left arms. I have worked at this company for 6 years and was diognosed with this injury 3 years ago. When I went to my boss and told her it was a work related injury, she told me that she had been doing this work for 18 years and she has never had this problem. I have been to the doctor many times for this and paid for it out of my own pocket. It is getting worse, not better. My doctors tell me the 2 options I have are surgery or live with it. Physical therapy did not help. My doctor also told me that I would have to find a new line of work since this is what caused the injury. I have seen three doctors and 2 surgeons about this and they all tell me the same thing. I do not know what I can do. I will lose my income if I have the surgury, but I don't know how much longer I can take the pain. Is it too late for me to push this with my boss? Can she deny this and than fire me? I really don't know what to do. Thank you
4 Answers from Attorneys
Re: injured at work, boss will not accept claim
Although it appears that you already reported your injury, I recommend that you clearly report your injury to your supervisor and then file a WCAB application and claim. If your employer refuses to provide you with any treatment then your attorney can seek medical attention you are entitled to. Call us at 213.388.7070 for a free consultation and we will walk you through the process.
Re: injured at work, boss will not accept claim
This is why injured workers should hire attorneys.
Your employer can deny the claim, but she cannot fire you. If she does, you will need to file a 132a claim which is a workers' comp. version of a wrongful termination claim.
Please feel free to call my office for a free consultation at 818.943.0462.
Re: injured at work, boss will not accept claim
There are several laws outside of workers comp that apply - California's version of the FMLA, called the CFRA, allows workers to take up to 12 weeks of leave without retaliation from their employer (assuming your employer has more than 50 employees in a 75 mile radius of where you work). CA's version of the ADA (Am w/ disabilities act) requires employers to accommodate workers who are injured, to allow them to do their job (CA's law is much better than the ADA. . . ) The employer always documents things in writing. You should do the same. (It helps to have a lawyer to help you out in this process -- it is your job after all.) File the worker's comp claim and GET THE TREATMENT. Your health is the most important thing -- and you will only keep hurting yourself if you don't do that. . . anything further, feel free to contact me at the email below. Good luck.
Re: injured at work, boss will not accept claim
It is not too late.
You should seek professional help from a doctor and a lawyer.
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