Legal Question in Workers Comp in California
If I quit my current job will I still be able to receive the free medical care from workers comp? I was released to work with out any restrictions about 4 months ago. My only concern is the medical part.
2 Answers from Attorneys
The responsibility for treatment comes from THE INSURER, not the employer.
BUT!!! If I were the adjuster, and i saw you got a new job, I would DENY treatment requests to say your need for treatment is from your new job, not from the old injury.
Then YOU need to prove the reason you need treatment -- the 'burden' of proof -- is because that old injury just 'flared up' AND that your new job did not cause the required treatment ...
SO BE SURE TO HAVE THE DOCTOR WRITE OVER AND OVER the new job is light and easy and you are not making your condition worse at all on the new job.
SMARTER: Hire an attorney to help you value and 'cash out' you future medical rights to finish the 'separation' from the old job and the old comp insurer.
Yes, you can continue treatment. However, if your doctor request to do surgery or any expensive procedure, the insurance company will play game and will not authorize it and blame your new job for your injuries. I recommend you deal with the insurance company (settle or go through a QME/AME process) before you start a new job. Feel free to call us at 213.388.7070 for a free consultation.
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