Legal Question in Workers Comp in California
I was written up for filing a workers comp claim because i did not tell them initially when i began to have pains on both hands and it turns out i have tendinitis. I reside in california. Can i do something about it and would it be worth it?
2 Answers from Attorneys
What you should do depends upon how serious your punishment was and why you did not report the problem earlier. If you have not already done so, go to your supervisor who prepared the report and explain why you delayed [did not want to be forced to stop working, thought it might go away, was able to work through the pain, felt bad about filing a claim that others might think taking advantage of the system, etc.]; ask that your explanation be put into your file. Ask if punishing you for reporting a WC claim late might not be interpreted as punishing you for filing a claim, which is illegal and opens the employer up to penalties. If that does not work, ask the person in charge of claims at the WC insurance carrier to tell them they should not act against you for filing a claim.'
It is illegal foe employers to retaliate for filing a worker's compensation claim. If you think they are looking for an excuse to teminate you, You may file a labor code 132(a) petition for unlawful termination. Feel free to call us 213.388.7070 for a free consultation.
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