Legal Question in Workers Comp in California

Do I have to return to work in pain after being injured at work??


Asked on 2/28/13, 1:01 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

If your pain is constant and is unbearable, then you may have to be taken off work and receive temporary disability benefits. Sometimes employers offer modified duty position which is expected to lessen your pain but most of the times, they don't honor your restriction and make your injuries worse. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/28/13, 1:15 pm
Nancy Wallace Nancy Wallace Atty at Law

You don't HAVE to, slavery is all done.

BUT the employer can fire you for abandoning your job.

THE SOLUTION; you need to choose a REAL doctor from the Medical Provider Network -- the MPN -- of the workers comp insurer.

The Challenge: you have zero clue which one on the MPN isn't a jerk. and they are 95% jerks.

IDEA: GET AN ATTORNEY very well versed in workers comp who knows the doctors on that comp insurer's MPN list, and let that attorney get you to that one reasonable doctor on the list of jerks, and that doctor writes you can only perform extremely limited duties or that you are Totally Temporarily Disabled.

OTHERWISE, the Labor Code makes no allowance for a jerk clinic doc sending you back to work in horrible pain. If the only medical evidence says you can perform your job despite the pain, you are expected to perform your job.

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Answered on 3/01/13, 1:56 pm


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