Can employer make you clock out if you have a doctor appointment for a work related injury
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2 Answers from Attorneys
No. It has to be during company's time.
YES! regular TREATMENT is NOT on the employer's clock, it's your personal time.
Exception: the WORKERS COMP INSURER has to pay you Temporary Disability for the dates you attend THEIR exams, like a QME or a diagnostic study (MRI, CT) for their doctor.
BUT IT'S A URBAN LEGEND THAT EMPLOYERS PAY YOU WAGES WHILE YOU GO TO THE DOCTOR on an industrial injury!! There's no Labor Code section requiring the employer to pay regular wages for the hours you are at the workers' comp doctor!!
SOLUTION: TELL THE DOCTOR you will NOT attend any appointment scheduled during regular working hours. If that physician cannot give you appointment times before or after working hours, SWITCH PRIMARY DOCTORS to an MPN Doctor* who will see you before or after work.
*Medical Provider Network... most Insurers have a network of doctors, and you can only use the doctors within that network or the insurer doesn't have to pay for any treatment or studies or temporary disability... you received a letter at the beginning of the claim with the "Medical Provider Network" MPN Website. GO TO THE WEBSITE and log on and find a doctor on the list who will see you before or after regular working hours
AND WRITE TO THE INSURER THAT YOU LOST WAGES for seeing their physician in the past weeks and you expect to receive Temporary Disability payments for those lost hours ...