Legal Question in Workers Comp in California
lack of procedure referring out to clinic
I am a physical therapist x 17 years with Co and never injured beyond 1-2 day soreness.Told supervisor I hurt shoulder with combative patient Had to keep after her to send me to clinic.Worked the day I reported my injury because she did not send me to clinic and did not make provisions for my patients to go on someone elses schedule left early that day and told her because I was in too much pain Had to sit on her until 2:00 next day until got the referral. Had slap repair with post op pain Feel I injured my shoulder more because not sent to clinic on time. If I had been sent to clinic that morning instead of treating patients I feel I may have avoided surgery Due diligence not performed on the part of my supervisor per company protocol to send me out Everyone in my dept could not believe it took her this long to get me to clinic she is imcompetent and I have 8 years in that building under her when she has never performed a performance review and was recently counselded for this.Her lack of follow through is welll documented in the company Can I sue my company for not getting me timely care which may have resulted in worse injury and need for surgery that has resulted in chronic pain
3 Answers from Attorneys
Re: lack of procedure referring out to clinic
If you are located in Orange, San Diego or Imperial counties,you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: lack of procedure referring out to clinic
Your question is not very clear. It appears that you have a valid worker's compensation case. If you are asking whether you can file a civil lawsuit against your employer, the answer would be complicated and from the facts you indicated you may not sue your employer in a civil court. Call us at 213.388.7070 for a free consultation .
Re: lack of procedure referring out to clinic
I find it sad that these issues of poor supervisor performance always emerge when there is an industrial injury. We might also conclude that you were negligent in not reporting these problems to your employer earlier. Therefore, someone might argue that you should not be entitled to comp. benefits if they use your logic. However, the law says otherwise. The exclusive remedy is within the jurisdiction of the WCAB. For your argument to be valid you need a quality medical report. When you are evaluated ask the treating doctor or QME to address you concerns about aggravated injury. Perhaps with a solid report you can file a penalty petition.
Lastly, refusal to provide access to a physician can be a crime. Check the labor code under employer responsiblities.
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