Legal Question in Workers Comp in California
Who is responsible if I was injured by a therapist while treating on comp?
Last year I was referred to a physical therapist by my doctor. He referred me for treatment of my back and wrists. On the 1st visit to the therapist she injured me, and I am still disabled from it. It was obvious to me that it was a new injury the moment it happened. I have never had problems with my leg before, especially not like this one. She injured my sciatic nerve, and I still can't stand for more than a minute without excruciating pain. I contacted the insurance adjuster immediately after the pain had increased for a few weeks. She was friendly until I told her what happened, then she became a bitch. Since I was treated so poorly I hired an attorney. The adjuster had called the injuring therapist's office and told them I said she'd "flared up an existing injury" which is nowhere close to what I said to her. Now I am battling with everything I need authorizations for, and the company won't even talk to me. Since the injury I have been on disability for almost a year, so they've cancelled my medical coverage. I can't afford to have my leg looked at, and the adjuster won't approve it, so I'm stuck without treatment for this long.
1 Answer from Attorneys
Re: Who is responsible if I was injured by a therapist while treating on comp?
If you suffer from an added or increased injury due to medical treatment received under and as a direct result of medical treatment for a workers comp claim then that injury should be added to the claim as a new injury and under CA law is compensable. But you must file a new claim form or amended claim form to protect your rights in this regard. Also, if the medical treatment which caused the increase or additional injury falls below the normal standard of care ( a medical-legal determination) then you would also have the right to file a seperate medical malpractice claim. In both instances you should be aware of a statute of limitations of one year. And even though the work comp claim can be held to be on notice through medical reporting you should not rely on this but make sure to cover your basis and file an official claim form asserting this additional injury.
Lastly, if you don't already have an attorney it is time to get one in relation to your difficulties with the carrier and medical treatment. Waiting to long to assert your rights fully could result in the loss of them.
Good Luck!:)
Attorney Marsili
http://www.workinjury.ws
909-672-3954
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