Legal Question in Workers Comp in California
What percentage of an individual's medical expenses is an employer responsible for as a result of a work related injury? I believe the employer should be responsible for 100% of the medical expenses, is this true?
3 Answers from Attorneys
The employer is responsible for all reasonable expenses necessary to cure or relieve from the effects of the work place injury. If the billing is not reasonable, the employer has to argue with the provider or laterthe WCAB. The employer pays 100% unless the provider says $x was for a pre-existing condition or somehow not related to the industrial injury.
The general rule is that an employer must provide any medical treatment �that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. If the employer fails or refuses to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. However, an employee may be required to receive medical treatment through an employers medical provider network (MPN) in order for the employer to be responsible for medical costs.
If your injury is work-related, then your employer should pay 100% of the medical. An employee is not necessarily committed to the MPN as there are exceptions.
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If I am injured on my job, do I have to see the companies physician? Asked 9/23/09, 8:37 pm in United States California Workers' Compensation Law