Issues with my workers' comp claim
Q: Can I get a different doctor?
A: It is important for you to be treated by a compassionate doctor who provides excellent medical care and understands the legal requirements in workers' compensation cases. Changes in California workers' compensation law limit your choice of a doctor to a group of doctors that your employer has approved. However, if you are unhappy with your doctor, you have rights. We can help you understand your rights and explain when it might be possible to receive treatment from doctors outside those approved by your employer.
Q: What are my options if my workers' compensation claim is denied?
A: If the claims administrator believes that your injury or illness is not one covered by workers' compensation, he or she will deny your claim. However, this does not mean you cannot receive compensation for your injuries. We can appeal your case to the Workers' Compensation Appeals Board (WCAB), which is a judicial panel of seven members appointed by the Governor. There may also be other avenues from recovery, such as a third party claim. We will seek all potential ways for you to recover.
Q: Can I be fired for making a workers' compensation claim?
A: No. Several state and federal laws serve to protect injured workers from this illegal discrimination. Under Section 132a of the California Labor Code, your employer cannot punish or fire you for suffering an injury on the job or for filing a workers' compensation claim. Moreover, your employer cannot punish or fire co-workers who testify in your case.
Also, under the federal Family and Medical Leave Act (FMLA), if your employer has 50 or more employees, it must allow you to take unpaid leave for up to 12 weeks without losing your job if you need time off for a serious medical condition. If your injury causes permanent disability, the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) make it illegal for your employer to discriminate against you because of a serious disability.
Seek Experienced Legal Representation
If a problem arises with your workers' compensation claim, if your claim was denied, or if you believe you are being unfairly discriminated against at work because of your injury, it is important to seek legal advice. We can inform you of your rights and fight to make sure your rights are fully protected. To schedule a free initial consultation to discuss your workers' compensation matter, contact the Law Offices of John E. Hill, A Professional Corporation today.