Legal Question in Workers Comp in California

Company is trying to prevent filing of workers' compensation claim

I asked our company VP of HR for worker's compensation claim form today that I wanted to fill out for an incident that happened a week ago when I was taken to emergency room right from work. The VP in front of 2 witnesses claimed that he had no forms for me to fill out and that I was mistaken because that is not how it works. He said I should go back to the doctor in the emergency room and ask him about the claim. At the same time he said he would like me to bring him release papers from the emergency room. I must say that the doctor sent me from emergency room to my own doctor for followup and my own doctor just 3 days after the incident wrote me a note for my employer that I can work. I presented the to the company the next day. They suggested to take rest of my sick days which I did and then followed the above mentioned meeting with the VP. Also in the meeting the VP said that I have no right to see my doctor in this matter.

They did prevent me from filing and when I wanted to do so they even sent me e-mail saying ''perhaps I am not up to the challenges of this job anymore''.

I am kind of puzzled, do I have to give them the hospital report that is basically private and how legal does the VP

approach sound?


Asked on 8/14/04, 2:08 am

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Company is trying to prevent filing of workers' compensation claim

Get a lawyer. What your company is doing is illegal. What they are doing is in direct violation of Labor Code section 123a. Call me for a free consultation. 818-427-6246

Norm

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Answered on 8/17/04, 11:56 pm


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