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  1. #1

    Default Management Not Sending Employee to Company Doctors After Incident at Work

    My question involves workers compensation law for the state of: CA

    Scenario:

    An employee tripped over a broken floor at work and reported this immediately to management (yes, there is a witness besides any surveillance footage that might remain on file). Management sent the employee back to work. Additional pain developed while under medical examination for pre-existing pain a couple of month later. The incident was a month prior to the employee’s health insurance becoming active through work. Since not any of the managers sent the employee to company doctors (yes, they are state WC insured), the employee kept to current doctors under the employee’s health insurance.

    The pre-existing pain may also be work related, but is not an incidental or accidental matter. It is believed to have developed over time from repeated negligence by management. Management did not send the employee to company doctors then either, but the source of that pain is still under investigation.

    Tripping over the floor has definite work relation and is certainly an aggravator to any pre-existing stress.

    The pre-existing pain first developed in June last year and reported a couple of months later when the pain returned. Tripping over the floor happened in December last year. Employee’s health insurance became active this past January. The employee has had x-rays and MRIs. Reports do find mild damage along the spine and disks of the employee’s upper back, including small disk protrusions in a few consecutive disks and a bone lesion or benign bone tumor inside a vertebra just below these protrusions.

    Only in May this year did management offer Worker’s comp and send the employee to company doctors. The employee began to fill out the forms, but then stopped when the employee noticed extra forms asking to identify evidence in detail. The employee acknowledged the attempt by management, but declined at that time until they could speak with the store manager and possibly an attorney. Given complaints involve management the employee does not want to disclose evidence information to management.

    This employee has lost a great amount of time from work, at least a few checks worth of pay, plus out-of-pocket medical expenses. The employee has also experienced ongoing retaliation and negligence by management ever since reporting a labor law violation to a member of management and approved for compensation of time missed from the night the violation occurred. This happened shortly after the employee began working at this store in 2012.

    Clearly, management is in violation for not reporting the floor incident and for not asking the employee if they wanted to see company doctors. The manager the employee reported the incident to has since twice accused the employee of making threats without any cause for reason. The employee did report this behavior directly to the store manager. The manager making the accusations continues to be the direct manager for the employee’s area and some members of lower management continue to neglect doctor restrictions on file.

    This should have been a worker’s compensation case, (maybe it still is? I am not familiar with it), but since it has been so long what kind of recourse is available to the employee?

    Just to note, someone contacted OSHA in regards to the broken floor a couple of weeks ago. Within days the floor was finally fixed. The employee does have photographs.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Management Not Sending Employee to Company Doctors After Incident at Work

    There's no easy way to backtrack into a workers comp claim after all this time.

    The employee will need a workers comp lawyer to handle this for him.

  3. #3

    Default Re: Management Not Sending Employee to Company Doctors After Incident at Work

    Quote Quoting adjusterjack
    View Post
    There's no easy way to backtrack into a workers comp claim after all this time.

    The employee will need a workers comp lawyer to handle this for him.
    Hi. I am not "VeryRandom", but the employee they are referring to.

    I tried talking to a workers compensation attorney. She argued I had sought my own medical care and did not have a form filed or an incident report and declined to consult the issue.

    One of the problems is that incident reports may not exist. Looking into policy, it is management responsible for writing these reports and offer medical attention. From what I understand, I have a right to seek medical attention from my own doctors if management fails to offer medical attention through company doctors. It is only the responsibility of the employee to report the incident to salaried managers and follow-up. I reported these incidents and attempted to follow-up numerous times since reporting these incidents and getting a response 9 and 5 months after the incidents and after I was already under medical care.

    Is it that I have to complete filling the forms for workers compensation at work with management, and instead of going to company doctors, go to a workers compensation attorney with the forms? If not, how do I go about this? I may have to stop working altogether, at least temporary so I can heal and find a means of work I can do without inflicting additional pain and damage.

  4. #4
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Management Not Sending Employee to Company Doctors After Incident at Work

    you can find a claim form here
    http://www.dir.ca.gov/dwc/DWCForm1.pdf
    file it with your employer.
    you can try more then one atty.
    your situation is difficult and not every atty will want to spend the time and energy on a medical only claim.
    you can also contact an Information & Assistance officer for help
    http://www.dir.ca.gov/dwc/IandA.html

    you really don't need to wait for your employer to send you to a doctor;
    the name and contact information for the authorized work comp facility should be posted on the employee bulletin board.

    information about filing a claim and obtaining treatment is also available on the DWC website.

  5. #5

    Default Re: Management Not Sending Employee to Company Doctors After Incident at Work

    Quote Quoting greentree
    View Post
    you really don't need to wait for your employer to send you to a doctor;
    the name and contact information for the authorized work comp facility should be posted on the employee bulletin board.
    I recall a notice put up this past April, but in May, when I began to fill out the form, management told me it is required that a salaried member of management take me. I really do not trust my managers. Looks like I am headed to an Information and Assistance officer. Thank you for the direction.

  6. #6
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Management Not Sending Employee to Company Doctors After Incident at Work

    there maybe some fraudulent activity here.
    employers attempting to impede the claims process are walking very fine line between the illegal denial of benefits.
    you can contact your local district atty to make a fraud complaint.
    or the county labor commissioner
    http://www.dir.ca.gov/LETF/LETF.html
    you probably aren't the only one this or worse has happened to.
    of course you can always report the claim directly to the carrier.
    if there is retaliation there are increased benefits if discriminatory behavior is found.
    make sure you notify your union.

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