Legal Question in Workers Comp in California
Hello! I was injured at my work but I didn't feel anything at that day and I have told one of the team leader at that night but they did not say anything to me but said to make sure it will be check why is slippery. Then after two days I notify the very top leader at my store but she did not make any report nor tell me what to do but I was told from my supervisor to go to my doctor. I said I don't have health insurance and he said look for one. Then Two days ago. I when to e.r. because im in very bad shape and in pain. But now my work told me to work the schedule that my other coworker given me this week in two days. But I dont know what to do because I said its work related and i file workers comps. the E.R. hospital P.A. only give me no work for 2 days only. And my work told me i have to work the schedule that my coworker have giving me last week. But they know I can't work with the splint for my leg injury and I can't wear shoe with it while working and they told me I have to find away because I can't wear open slipper. Please, help me what to do. 😕
2 Answers from Attorneys
You need to be taken off work and apply for temporary disability benefits . But most insurance company's doctor refuse to do that specially when you are already released back to work. I recommend as an alternative you change your treating doctor to a doctor that will take you off work and certify you to receive state disability (SDI) until worker's compensation picks up temporary disability benefits. Feel free to call me at 213-388-7070 for a free consultation.
you need to stop 'chatting' and put everything in writing. Since the ER Physician said your Temporary Disability period ended after two days, you need either that physician or another to PUT IN WRITING that you remain TEMPORARILY TOTALLY DISABLED for a much longer period of days or weeks... the Doctors on Liens group has a chiropractor , Smith Chiropractic in El Cerrito , that accepts injured workers for treatment on a lien, getting paid when your claim wraps up.
Some of those doctors on liens only do work for Personal Injury claims, not workers comp claims, so you will need to investigate.
If you put your claim in writing and faxed and mailed it to the employer's Workers Compensation INsurance company, you would get the notice of the website where you can pick a treating physician from the MEDICAL PROVIDER NETWORK. The insurer only has to pay doctors in the Medical Provider Network, so you cannot just go to any physician any were. You should put in a letter to the adjuster that you reported the injury verbally on a particular date and have not been sent to an MPN physician and were told to secure your own treatment (and the names and titles of the people who told you this).
The Workers Comp insurer should be on a poster on the job site.
Try Justin Lo MD in San Jose too... he used to do work on a Lien basis, meaning you could see him to get the Work Status Report labeling you Temporarily Disabled, and he would get paid because there is $10,000 on the table for workers comp claims that are neither accepted nor denied, just 'under investigation', and once you fax the Workers Compensation Claim Form to the workers comp insurer, the claim is 'under investigation' until you get a letter accepting responsibility for the injury (or a letter denying responsibility).
www.dir.ca.gov has the workers compensation discussions you need now.