Legal Question in Workers Comp in California
I was working at my job as a busboy and I hurt my wrist, I can usually tolerate pain, but this was pretty bad so I decided to tell my manager. She replied "Good thing you only have 30 minutes until your shift is over". Later at home the wrist pain worsens and my friend offers me a wrist splint to support my wrist, and from preventing me from moving it in a way that will cause more damage. She told me that I should contact a higher up manager and report my injury immediately regardless if it would feel better in a few days or not. She says to call him and let him know just so its on file, and also to let him know that my manager did nothing about my pain nor filed a report for me. If my pain increases will I be eligible l for workers compensation through my job?
3 Answers from Attorneys
Your friend is correct. Report your injury immediately and have your employer send you to a doctor. If your wrist does not get better in a couple of weeks, you should then consult with a local comp attorney.
Good luck
GET OFF THE PHONE and put the claim in writing and keep a copy of the writing.
A little note stating "I injury my _____ ?left? ?right? arm during my workshift March 15(?16?) and I need medical treatment; please refer me to the workers ' comp physician immediately. With Regards, Your Employee"
FAX THAT and hand-deliver it. DONT MAIL IT CERTIFIED (i never sign for certified crap, just let it get returned to sender unsigned and undelivered).
If you don't have the company's fax, you can find the COMP INSURERS' fax onlne OR as a last resort, have a non-relative non-girlfriend witness you delivering the note to the employer.
LOOK FOR THE POSTER at work showing the current workers comp insurance company.
put question IN WRITING to that Insurance Company, given your supervisors ignore comp claims.
Then,,, IF THE Employer and Insurer refuse to provide any doctor, or the doctor they provide is a complete jerk (quite likely) find a Certified Specialist Workers Comp attorney or an attorney at caaa.org.
Here are the Certified Specialists' search page: http://members.calbar.ca.gov/search/ls_search.aspx
These attorneys passed a special bar exam just in Workers Comp but they cost just the same as general practitioners!
Hope that helped!
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