Frequently Asked Questions

Q:  I have been injured at work, and I want to file a Workers’ Compensation claim but I’m afraid of losing my job. Are my fears warranted?

A: It is illegal for your employer to retaliate against you for filing a Workers’ Compensation claim, stating that you’re going to file a claim or seeking all of the Workers’ Compensation benefits to which you are entitled.

Q:  If I’m injured at work, can I be treated by my own doctor?
A:  You can pre-designate a physician prior to a workplace injury. This gives you the right to be treated by that physician from the date of injury until treatment is concluded. That doctor must be your regularly treating physician who has your medical records and who is willing to treat you for an injury you sustained on the job.

If you don’t pre-designate a doctor, your employer will probably control your medical care with a doctor from his or her list of physicians.
 
Q:  I suffer from chronic back and neck pain. It has become so bad that sometimes it’s all I can think about. Some of the boxes I have to lift weigh more than 150 pounds. What can I do?

A:  On-the-job injuries can occur from a certain event (specific injury) or over time (continuous trauma); both are legitimate Workers’ Compensation injuries. The latter can include orthopedic injuries affecting the back, neck, extremities, etc. as well as such complications as hypertension caused by stress, and hearing loss.

You are entitled to medical care to cure or relieve the effects of a work-related injury. Contact a Workers’ Compensation attorney for experienced guidance regarding your medical treatment and evaluation and how to ensure you receive all of the benefits to which you are entitled.

Q:  My shift supervisor is constantly pressuring us to work harder and work faster. This is stressing me out to the point where I can hardly sleep and I find that I’m getting angry about the littlest things. Is this common?

A: Unfortunately, workplace stress is so common that there’s a definition for it. The National Institute for Occupational Safety and Health defines it as the harmful physical and emotional response that occurs when there is a poor match between job demands and the capabilities, resources or needs of the worker.

The symptoms you describe are among the many associated with workplace stress. Stress can cause physical injuries, such as ulcers or high blood pressure. California has recognized stress as a basis for industrial injuries. However with psychiatric injuries due to stress you must—with few exceptions—prove your job as the  “predominant” cause of the injury. You may want to consult with an attorney before filing a claim.

Q:  I was standing on a ladder while stocking shelves, when the ladder suddenly collapsed and I fell hard onto the ground, landing on my back. At first the pain was bearable, but now it’s really getting to me. What should I do?

A: Advise your supervisor of your injury and complete an “Employee’s Claim for Workers’ Compensation Benefits” form. Your employer must provide medical care within 24 hours. If you have pre-designated a physician, you may see a doctor of your choice.

In addition, your injury may have been caused by a third party—someone other than your employer—in your case, a possibly defective ladder. There may be a case against the ladder manufacturer for making a defective product.

Having experienced legal representation is key to obtaining your full rights from a Workers’ Compensation and a Personal Injury standpoint.