Legal Question in Workers Comp in California

I work for a large corp. I install auto glass mobile, while out on a job site I broke a bone in my right foot, called my supervisor, when he arrived we finished the job( he did have me continue to work) then when complete, he said that I needed to go to the hospital, he then went back to the shop and I had to drive myself to the hospital, is this even legal? I was having to drive with a broke bone in my right foot, and to have to complete a job before seeking help. It has not been a month and I just received a Workman Comp check, is it suppose the take that long? I will be off for another month and a half according to the doctor. I really want to know if I have a case to sue the company? What are my options?

Asked on 11/01/10, 9:01 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

0 users found helpful

0 attorneys agreed

In return for the employer having to provide benefits no matter who is at fault for the injury, in Workers' Compensation the employee waives the right to sue the employer in civil court, with certain limited exceptions. If WC did not exist, based on the very limited information you have provided, you have no legal basis for a civil suuit and would get nothing from the employer. The employer was not at fault for the accident that caused the foot injury. While your supervisor acting in a very unfeeling manner, that does not create any liability for damages.

You should have received the initial Workers' Compenstaion benefits within a few days. A delay in paying benefits allows you to request of the WCAB a penalty of 10% for delay in providing benefits. But if you were still receiving your normal salary for some time after the injury, WC benefits for TD do not start until after your salary payments have stopped. Call up the WC carrier to find out why there was a delay.

You have a right to be upset with your supervisor and you might want to use company channels to make a complaint agaisnt him. But remember, Caifornia is an "at will" state so your job is not guaranteed and no employer likes someone who rocks the boat.

Answered on 11/07/10, 6:37 am

Mark as helpful