Legal Question in Workers Comp in California

It would be considered work related if it was your employer's restroom [if you worked in a shopping mall and had gone on your lunch break and stopped to use a public restroom first, it probably would not be work related]. If something is done for the benefit of the employer, it normally is going to be covered. You need to file a first report of work injury; on the form put down that the delay in the report was because you did not know if legally it was considered industrial.

Your Dr.'s Office probably does not want to have to deal with additional paperwork and the possible reduction in charges from the WC system, but check with them to see what the reason is and you might be able to convince them to still treat you. Your employer does have the right to initially control who treats you.

Whether your injuries is work-related or not depends on many factors such as nature of your job, how long your worked and your prior medical history. your injuries may have started some time ago before you felt the pain. Feel free to call us at 213.388.7070 for a free consultation.

Request a DWC-1 Form from your employer to provide notice of the injury. Request specifics from the HR department concerning how to apply for comp benefits and who exactly is the comp. insurance carrier. If the employer has an issue, I suggest you get representation right away. Try not to pay any out of pocket expenses because you will have a very difficult time getting reimbursement.