Hurt at Work?
Ten tips to protect yourself if you suffer a job-related injury or illness

By David Goldstein, Esq.

1. The California Labor Code allows employees to pre-designate a physician prior to an industrial injury. That doctor must be an employee’s regularly treating physician who maintains the person’s medical records and who is willing to treat him or her in the event of an industrial injury. 

If you don’t pre-designate, your employer may control your medical care with a doctor from his or her list of physicians.  Keep a copy of your pre-designation form.
 
2. Report any work-related injury or illness to your supervisor immediately. Request an “Employee’s Claim for Workers’ Compensation Benefits” form.

3. Complete the “Employee” section accurately and return it to your supervisor as soon as possible. Be sure to indicate all body parts you feel may be affected. Keep a copy of the completed claim form. Legally your employer must return it to you with the “Employer” section completed within 24 hours.

4. Advise your supervisor immediately if you need medical care. Request to be sent to a doctor or ask to see your pre-designated physician.

5. Some injuries occur over time. Physical jobs can result in continuous trauma injuries that affect the neck, spine, back, arms, hands, shoulders, knees, legs and feet. Other injuries include hypertension, diabetes, respiratory illnesses, skin cancer, toxic exposure and stress. Aggravation of an injury or illness still qualifies as an industrial injury.

6. You may be asked to be evaluated by a state panel Qualified Medical Examiner. Beware! Under the new law, do not pick a doctor from a State Panel without first consulting an attorney.

Keep accurate records of the following:

-   Days off work
-   Dates of all medical treatment
-  All round-trip mileage incurred for the medical treatment
-   Receipts for all out-of-pocket medical and prescription costs

8.  Write down all facts about any injury or illness you suffer at work. You may have a civil action in addition to your Workers’ Compensation claim.

9.  Review the facts of any work-related injury or illness as soon as possible with a Workers’ Compensation attorney. New laws have shortened many deadlines, and early missteps can seriously affect your rights.

10.  Do not abuse the Workers’ Compensation system. All statements and facts that you provide must be accurate and true. Filing a false or fraudulent Workers’ Compensation claim is a felony under California law.

Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP represents those injured on and off the job. Visit our website at www.geklaw.com.