Legal Question in Workers Comp in California

Can I file a claim?

I had a fall at work which was the result of two standard sized poodles. My boss (owner) and one other--name removed--worker witnessed the fall. This incident occured early last month. I have been having some infammation on the side where I fell and have gone to the doctor for an ultrasound. It came back inconclusive but the doctor thinks I have soft tissue damage and may need so massage and or need to see a chiropractor. Should I file a claim at this point even though an incident report has not been filed?

Thank you for your time and advise.


Asked on 1/19/08, 2:42 am

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Can I file a claim?

Yes you can still file a claim without an incident report. But you should file a claim ASAP. If you continue to work, they may argue that you were never actually injured. Your employer may deny your injury and you need to demand to be sent to doctor. Please call us at 213.388.7070 for a free consultation about your case.

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Answered on 2/28/08, 12:56 pm
George Shers Law Offices of Georges H. Shers

Re: Can I file a claim?

Certainly you can file a claim but it seems, guessing at what you do not state, that it seems to be of little economic value. I presume you have not lost any time from work and can do your normal duties even though there might be a little pain. In a two month period of time, especially if you are not a senior citizen, swelling from a simple contusion would have healed many weeks ago. You need to find out what is still causing you any symptoms.

Beware that the most liberal WC insurance injury claims adjusters look upon chiropractors as being glib physical therapist [which is accurate] who frequently over treat and tell people to stay off work if they have any pain [physical activity up to a level of pain that is tolerable is normally recommended by doctors and physical therapist so that your muscles are exercised and heal faster and the rest of your muscle do not become weakened and develop pain when they finally are used].

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Answered on 2/28/08, 10:08 pm


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