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Posted: 7/10/2008 7:35:23 PM EDT
[Last Edit: 7/10/2008 7:37:16 PM EDT by Esq1118]
Anyone knows how the laws work in CALI? My employer wont give me the straight answer and wont file with the state. I tore my MCL in my knee at work and have been treated like poop since. I just started this job and have only been there for 3 months. My manager refused to even listen to me when I was limping in pain at work. The HR manager finally said you should go to a doctor cause you look really bad. Well this was 7 hours later and the clinic was closed across the street.

At the clinic the female doctor was very nice. Gave me the scoop on the scenarios of my knee. Next week I have an appt to see her again, but instead some bald guy comes in the room instead of said doc. Turns out he is the owner of the clinic. This guy was a GRADE A jerk. Right away said I can go back to work full duty after a week of tearing a ligament. My knee is still swollen like a pineapple and the only time it isnt swollen is when I am laying down and off my feet.

Boss was F-bombing me non stop on July 4 calling me a pussy and telling me to suck it up. Even with a doctors note saying I cannot climb ladders or stairs at the place I work at...he kept insisting. Says that semi-sedentary work doesnt mean that I cannot work!

So I dont know what to do. I had my own doctor write a note on july4 saying I need to be off for two weeks so that this can heal. Working- I have to be on my feet at work all day- causes nothing but swelling and a sharp pain in my knee. I dont want to mess myself up but during my 3rd visit the same bald doctor kept insisting on seeing me and saying that he will be personally handling my case from now on and told the receptionist that I am to see him and no one else.

Anyone else find that odd? I know I find it odd. Some guy who is the owner of the clinic that I do not know keeps insisting on being my doctor and forcing me back to work. I have a feeling he knows my manager or owner and is working against me. The first doc was neutral and this guy I can feel he is literally forcing me back to work when I shouldnt be.

So my question is....for workers comp injuries...can I go see another doctor for another opinion? I do not trust this guy nor any doctor that I do not know.
Link Posted: 7/10/2008 10:20:39 PM EDT
[Last Edit: 7/10/2008 10:23:14 PM EDT by Bill2k]
I am a law student...not quite a lawyer so I cannot give you any advice; however, I worked for a labor and workers' compensation firm for 2 years and was a legal aide for labor disputes in LA county for over a year, shoot me an email at skater8188@verizon.net and I can privately fill you in a bit on how things work.
-Bill
Link Posted: 7/11/2008 2:38:25 AM EDT
[Last Edit: 7/11/2008 2:38:49 AM EDT by Vigilante256]
Good luck with that. I was stabbed during a skirmish while at work almost 2 months ago, and still haven't gotten workers comp or money for the hospital visit. The owner of the place has conveniently been in Costa Rica, and the insurance company denied me for lack of medical evidence and is now arguing that I could have returned to work sooner despite only having one usable hand.
Link Posted: 7/11/2008 4:12:40 PM EDT
thanks guys. Yeah unfortunately it all sucks. There is no one clear set of rules of what to do and of course the employer is working against me as well as the doctors they send me to see.
Link Posted: 7/11/2008 5:39:40 PM EDT
First off you have 30 days to change from your employer doctor not in your best interest. doctors are suppose treat with respect you don't deserve that. read the letter from your claims adjuster if permanent disability is on the letter. I time to get Worker compensation attorney. the attorney will send you his doctor. go from there let the employer make the mistakes. Mistakes will work in your favor. Good luck to you
Link Posted: 7/11/2008 10:11:34 PM EDT
Willful violations are criminal violations not just civil violations. So if he has not acted iaw the law you probably can get him by the short hairs.

Call the Labor Board.
Link Posted: 7/13/2008 9:48:16 AM EDT

Originally Posted By PaDanby:
Willful violations are criminal violations not just civil violations. So if he has not acted iaw the law you probably can get him by the short hairs.

Call the Labor Board.


Will do , thanks for the advice everyone.
Link Posted: 7/13/2008 1:22:26 PM EDT
Better yet, lawyer up. There is a process for doing this and it has to follow certain guidelines. What's more important, is that at the end of this you will be determined to have a certain amount of disability because of the injury. That will determine your future medical and any compensation for the injury. Get a good lawyer and follow their direction!!

Eric
Link Posted: 7/13/2008 2:26:33 PM EDT

Originally Posted By Eric_Mayer:
Better yet, lawyer up. There is a process for doing this and it has to follow certain guidelines. What's more important, is that at the end of this you will be determined to have a certain amount of disability because of the injury. That will determine your future medical and any compensation for the injury. Get a good lawyer and follow their direction!!

Eric


Thanks Eric. Im on it. I dont know any good lawyers in the SF Bay Area so been calling ones that I see online and checking up on them for BAR violations on www.calbar.ca.gov which is a helpful site as some attorneys I ve looked up had their license revoked or stopped due to criminal violations.
Link Posted: 7/14/2008 3:45:47 PM EDT
Wow the calls are coming NON STOP from work harassing me and threatening to fire me. They dont put me on schedule which is done every saturday but they keep calling me to come to work. I dont know whats going on. Has this ever happened to anyone of you guys? Luckily I got a copy of this weeks schedule faxed to me from work. It shows that I am off until July 19th and have to work on Sunday July 20th. Ok cool...the other Managers verified this over the phone yesterday on Sunday. Today Monday I am getting non stop calls from work threatening to can my ass.

I ve been shopping for an attorney but no one is picking up their phones on Monday it seems like. Out of 20 firms only 3 answered their phones. Out of those 3- one was rude so no go there, one made an appt and refused to talk to me on the phone, the other said he didnt do workers comp cases anywhere because of the lack of money and referred me to someone else. I left a total of 18 messages and no one has called me back yet. Frustrating.
Link Posted: 7/16/2008 12:08:36 AM EDT
You definitely need to get a good Workmans Comp attorney ASAP!!! A few years ago I suffered from carpal tunnel syndrome in both hands/arms because of all the repetitive motion work I did as a mechanic working at a major aerospace company. I couldn't take the pain and numbness of the CTS anymore as it slowly got worse, so I decided to go ahead and get the surgery done under my Workmans Comp claim that I had originally filed back when I first got injured w/ the symptoms of CTS. BTW, did you file an accident report or W/Comp claim at work yet, when you were injured??? There is a time limit for doing all that. Anyway, I did a little research on the internet about the W/Comp procedures and read alot of horror stories from people who got screwed over because they did not retain a W/Comp attorney to make sure that they got the proper and timely medical treatment as required by law, so I decided to get a really good attorney. And boy was I glad I did because a co-worker of mine was going through the W/Comp maze at the same time that I was, except she did not have a W/Comp attorney, and the difference in the speed and quality of the medical care that I received versus what she received was like night and day! And I ended up getting a cash settlement in the end! Unless the laws have changed lately, a W/Comp attorney is limited to a maximum of 30% of the settlement money for his fees here in CA.

So stop suffering in physical pain and employee lies/harassment and go get yourself a good W/Comp attorney ASAP!
Vic
Link Posted: 7/16/2008 5:20:13 PM EDT
Here is a Lawyer who in office in Sf/bay area and Orange county.Picozzi,Nielsen&LLoyd phone number 800-221-9576 give a call. Your employer is trying to find way to fire you.
Link Posted: 7/18/2008 4:46:13 PM EDT
1.) Yes you can find another doctor, it can even be your private physician.
2.) Talk to a lawyer, if they continue the harassing bull shit and name calling, you might be owning a part of that company.

IMO, get better, get a lawyer, and see what you can do. In the mean time, seek other types of work somewhere else until something better comes along.
Link Posted: 7/19/2008 10:48:32 AM EDT
height=8
Originally Posted By Eric_Mayer:
Better yet, lawyer up. There is a process for doing this and it has to follow certain guidelines. What's more important, is that at the end of this you will be determined to have a certain amount of disability because of the injury. That will determine your future medical and any compensation for the injury. Get a good lawyer and follow their direction!!

Eric have
Your employer is playing a VERY dangerous game (with your health) in regards to their liability. It's a bad idea to fire someone who is truely injured while working, plus forcing you to work with an injury opens them up to all kinds of liability should your injury worsen or possibly criple you for life.

So don't get stressed - get an attorney. If this drags of for too long, maybe I can contact my attorney and ask them if they could recommend someone for you to call. I call tell you from first-hand experience that knowing someone inside the loop can do a great deal to get you help without wasting time on ambulance-chasers.
Link Posted: 7/21/2008 3:17:45 PM EDT
Things suck! I am being dragged through the wringer. Went to EDD Office and they said no go on unemployment as I ve only been working for 2 months so it hasnt even showed up on their computers yet. They recommended Workers Comp office. So I hobbled over there. Damn I hate walking now. So after I get there. I realized I carried my knife with me. So back to the car. Saw meter guy and he said he ll give me extra time cause he saw me limping and it was a 2 hour zone. I was parked there for 4 .5 hours total. Very nice man for not writing me a ticket. Was at the Workers Comp office and the guy there listened to my horror story about work and getting hurt and my boss calling me a pussy for not being able to suck it up. I have an MCL tear and can barely walk , let alone stand without pain.

This is a very slow process. Lawyers are hard to find. The ones locally got out of the business...the ones a few cities over are not handling my case because it is so far from them- high gas prices! Tomorrow I gotta go see my own doctor....who is very nice and said he wont charge me for my visits since I dont have insurance. He ll get me a disabled placard to help me out with the parking situation. Then it is Federal EEOC office to file a discrimination complaint against my employer for terminating me. They kept calling me with threatening phone calls and msgs. Yet when I call back no one would take my calls. So finally I faxed them and said schedule me and they did not. They keep telling me to go work but will not tell me when or what time. So I know they are trying to get me to quit or something. I ask them to fax me a schedule and they do...I am not on it. Anyone know what game they are playing here?

The State Workers Comp guy wrote me a letter on CA state letterhead threatening to fine my employer $100,000 if they do not fill out the DWC 1 work injury form and return it with their insurance information within a day. They havent. All I got was a name and a Po box address. No phone numbers or information on workers rights. Something must be done. I welcome anymore advice you guys have. I had to pass up a few job offers lately cause I cannot do them physically. Oakland Police Dept and Bart Police- Transit/Subway cops. I feel down and look like poop. Hard to shower and shave and do normal stuff. Family isnt helping either. They think Im lazy. Ugh...
Link Posted: 7/21/2008 6:58:43 PM EDT
Yes it very slow process It took me year and half before my employer and lawyer started the settlement. you beat in end and your boss will have egg on his face.
Link Posted: 7/21/2008 7:07:52 PM EDT
www.workerscompensationlawfirms.com/] See if this can help you find lawyer in your area. good luck
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