Legal Question in Workers Comp in California

My mom works at a senior care home she was the first to report that she was felling really itchy and that she was getting little spots throughout her body. About a week later more staff and residents began to also report the same symptoms, they have all been treated. Now my moms employer is blaming her that she was the one that took the scabies there and they took her off work until she takes proof that she is cured. One thing is that they do not want to pay her for those days they have took her off work even though she does have sickness hours and they want her to use her own insurance to be seen by a dermatologist even though all other employees used the companies insurance. what should we do?


Asked on 7/10/14, 8:40 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

She has a Workers Compensation Claim and needs to IMMEDIATLEY file a Workers Compensation Claim Form (DWC Form 1).

She needs to make a written demand -- and fax it and keep the fax transmission report -- that she insists on immediate medical treatment furnished by the employer and payment for days lost from work when the employer refused to permit her to work due to the infection.

If the employer's Comp Insurer fails to respond in 14 days, she needs a workers compensation specialist attorney. DO ALL THIS IN WRITING, YOU CAN'T PROVE THE SUBSTANCE OF ANY TELEPHONE CALL.

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Answered on 7/19/14, 2:07 pm


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