Legal Question in Workers Comp in California
workers comp
I hurt my neck at work and missed 5 days of working. Now workers comp is stating they denied my claim because the Dr who treated me said it could have happened anywhere . I have witnesses at my job.What the case worker said to me in so many words was that they were'nt denying it happened at work but it was an injury that could have happened anywhere. I am saying maybe so but it happened at work and it's a work related injury. Am I right? Isn't that what workers comp there for?
5 Answers from Attorneys
Re: workers comp
Object to the doctor report and request a Panel QME to address AOE/COE. You might also call the I&A office of the nearest WCAB.
Re: workers comp
The employer is looking out for their interests and not yours. The doctor you saw was paid by the employer and as such, has the employer's interests at heart, not yours.
There is a reason why injured workers hire attorneys. Perhaps this is one of those reasons.
If you have any further questions, please do not hesitate to contact my office at 818.385.0520.
David B. Lupoff, Esq.
Re: workers comp
The employer is looking out for their interests and not yours. The doctor you saw was paid by the employer and as such, has the employer's interests at heart, not yours.
There is a reason why injured workers hire attorneys. Perhaps this is one of those reasons.
If you have any further questions, please do not hesitate to contact my office at 818.385.0520.
David B. Lupoff, Esq.
Re: workers comp
The employer is looking out for their interests and not yours. The doctor you saw was paid by the employer and as such, has the employer's interests at heart, not yours.
There is a reason why injured workers hire attorneys. Perhaps this is one of those reasons.
If you have any further questions, please do not hesitate to contact my office at 818.385.0520.
David B. Lupoff, Esq.
Re: workers comp
If the facts and statements are as you say, go to the adjuster's superior and point out that that all the Dr. is saying is that it could have happened at work but he does not know, since he was not there, but your witnesses verify it was at work, which means you have fully meet your burden of proof and the employer can not disprove that it is work related. Most injuries could have happened while off work, but when there are witnesses to it occurring at work that settles the issue [actually, your word alone is sufficient unless there is reason to disbelieve you].