Legal Question in Workers Comp in California
verbally reported only work injuries
I was injured at work last January and reported it to my supervisor verbally but no written report was done at the time. I thought at the time that it was minor and would heal on its own. I went to my own HMO about three and a half weeks after, seeking some guidance on what might be keeping me from healing. They minimized the problem, saying it just needed ice and Advil. My question is, if I have records of my visits during the year to the doctor regarding the injury, does that legally cover my responsibility to demonstrate a work injury and establish a timeline? Also, I tired of the lack of progress toward healing and did file a worker's comp claim in October. Can I use the records of doctor visits prior to that claim to prove when the injury originally occurred?
2 Answers from Attorneys
Re: verbally reported only work injuries
Yes, you may use those doctor reports.
Re: verbally reported only work injuries
Yes you can use your HMO doctor records, to overcome the reporting requirement and mainly show that you reported your work-related injury to your employer and sought medical treatment. However, I highly recommend not to represent yourself because Worker's Compensation laws and procedures tend to be complex and you have to know what you are doing. We are an experienced firm and we can assist you. Call us at 213.388.7070 for a free consultation.
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