Legal Question in Workers Comp in California
I live in Los Angeles, Ca and hurt my back at work on 4/2009. I had a claim at that time and got medical treatment plus was on light duty for about 2 months. After I finished the PT I was released but the pain came back about 1 month later. I endured the pain for about 2 years but now that I have been working more and it's getting labor intensive. I have reported to my work that I am still in pain from the previous injury and they had me submit a new claim. I have now been getting treatment for about a month while still working. The doctors has set light duty restrictions and my company accomidated them for about a week. Now they keep assigning me work that breaks all the restrictions set by the DR. I have just got the results of my MRI today and I have a bulging disk. I am just worried that I can't keep working like this forever because it will get worse with all the type of work that I do. I just want to know what my options are and can my company let me go because I might not be able to do the same type of work any more.
2 Answers from Attorneys
YOU HAVE TWO CLAIMS: Reopening the old claim for "New & Further Disability" plus that New Claim the boss "forced" you to file.
You need to take copies of specific, CLEAR written work restrictions to the supervisor and gracefully decline to perform duties that go against when the doctor writes.
If you are assigned to lift more than the doctor's specific weight limits, you take the written words on the Work Status form to the supervisor and ask for new modified work that match the doctor's words.
If the employer refuses, ASK TO RETURN TO THE DOCTOR IMMEDIATEly to manage the pain. iNFORM THE DOCTOR the employer is refusing to provide modified duties within the confines of the Work Status report.
PROBLEM: IF THE DOCTOR was lazy or 'in bed' with the boss and the Work Status Report only says no 'heavy' lifting and isn't specific enough ('what the heck is 'heavy'?), CHANGE TREATING DOCTORS IMMEDIATELY.
and if you cant handle all this, you need a CERTIFIED SPECIALIST WORKERS COMP ATTORNEY.
AVOID THOSE GUYS on the TV; they use chiropractor friends of theirs who are not on the workers comp insurer network so no benefits get paid.
Tom Robinson over in Diamond Bar is the best certified specialist near you there in Monterey Park.
I could take the case but I'm way out in San Berdoo... if you don't mind having an attorney 50 miles east, i'm at 909-381-2771. Otherwise, Tom Robinson is at (909) 612-0757.
get help right away... you only have until march 2014 to PROVE new disability from that old 2009 claim and this needs to be developed immediately.
You need to change doctor immediately and find a doctor that would certify you for temporary disability benefits or State Disability benefits. You need to ger more aggressive treatment and be taken off work while this is happening. Feel free to call us at 213.388.7070 for a free consultation.
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