Legal Question in Workers Comp in California

workers comp claim

i was injured on the job and when i asked for time off to seek medical attention he asked me if i still wanted to keep my job. they don't allow me time to seek help and heal. they always threaten me. what can i do? they say this is a place of business. what does that have to do with being injured on the job?


Asked on 6/19/09, 1:26 pm

3 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: workers comp claim

If you need continued treatment, you may need to be taken off work to avoit harassement by your employer. If you get fired then you may file petition under labor code 132(a) for penalty. If you need representation, Call us at 213.388.7070.

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Answered on 6/22/09, 3:51 pm
David Lupoff Law Offices of David B. Lupoff

Re: workers comp claim

By law, your employer must allow you to seek medical treatment, and they have to provide the medical treatment as well. If they fire you as a result of your work-related injury, then you may have a wrongful termination claim. The 132(a) is the workers' comp version of a wrongful termination claim, but depending on the situation, I may fight these in the Civil courts instead as there is sometimes a greater recovery.

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Answered on 6/22/09, 4:29 pm
David Lupoff Law Offices of David B. Lupoff

Re: workers comp claim

I was so involved in answering your question, I forgot to give you my contact information. 1.877.505.INJURY.

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Answered on 6/22/09, 4:34 pm


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