Legal Question in Personal Injury in California

Recently I have had a surgery with the diagnosis: "hernia". It's a job related illness (I am a truck driver and work for a moving company, and have to deal with heavy loads.) I have my own health insurance that has covered 80% of the cost of the surgery. I have paid the rest 20% out of my pocket. In addition to the $20% of the surgery cost I have paid for the tests and doctor's visits (my health insurance doesn't cover it.) MY QUESTIONS ARE:

1) IS MY EMPLOYER'S INSURANCE COMPANY RESPONSIBLE FOR REIMBURSING ME FOR MY MEDICAL EXPENSES FOR MY JOB RELATED ILLNESS? IF YES, WOULD IT BE A FULL REFUND OR ONLY A CERTAIN PERCENTAGE?

OR

2) HOW CAN I FIND OUT WHAT EXACTLY INSURANCE COVERAGE FOR THE EMPLOYEES MY EMPLOYER HAS? DO I HAVE A RIGHT TO REQUEST THIS INFORMATION OFFICIALLY FROM MY EMPLOYER?


Asked on 2/16/10, 7:46 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Every employer in California is required by law to have insurance, called "workers' compensation," that covers every injury and medical condition that is work-related. I urge you to immediately visit an attorney in your area in person who handles workers' compensation cases. Your injuries are 100% covered.

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Answered on 2/21/10, 8:05 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Your situation calls for the immediate attention.Your employers insurance should have taken care of it to begin with.I concur with Mr..Stone.

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Answered on 2/21/10, 9:34 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You need to report your injury to your employer as a work-related injury and demand treatment. You may experience back pain associated with hernia and that is part of your case. If your employer refuses to provide treatment, then an attorney can refer you to a doctor. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/22/10, 9:03 am


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