California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Oct 2007
    Posts
    2

    Default Can I re-open a workmans comp case?

    I cut my hand on the job. While performing some work, I cut my hand with a razor that required 14 stitches across my palm and wrist..

    Initially, I went straight to the closest urgent care facility to be taken care of. They filed their services under workman's comp. When I got back into the office, my boss had a talk with me. He persuaded me to change the workman's comp claim and tell the urgent care facility to re-work the paper work to say it was a personal injury so that it wouldn't blemish his perfect insurance record. (this is indicated on paper work)

    At that time, I agreed because I felt he was an honest man, and I was under the impression that he would cover my medical bills. This happened last October, and I've recently finally payed the bill. It wasn't much, but my insurance was fighting it because of the inconsistent paper work.

    My boss has yet to reimburse me a penny. In fact, I no longer work there now. my question is, can I re-open the case, or sue for re-reimbursement and possibly damages?

    I worked for a company in southern California..
    Last edited by socalite55; 10-08-2007 at 03:42 AM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: can i re-open a workmans comp case?

    Not only is this a WC claim... your ER is negligent and committing a fraud in having you change the paperwork to reflect this as a personal injury...it is illegal to defraud an IC where you know otherwise there is liability. Your ER knows this and has committed a crime!

    Yes, you definately should notify the WC IC that you sustained a work related injury and the circumstances surrounding the issue.
    The laws are clear that a work related injury MUST be reported and a claim for WC benefits filed with your ER's WC carrier.
    You could also be entitled to a reward for informing the IC of your ER's actions. If you don't notify the IC, you could be deemed an accomplice in the crime your boss committed.

    ''My boss has yet to reimburse me a penny. In fact, I no longer work there now. my question is, can I re-open the case, or sue for re-reimbursement and possibly damages?''
    You file the WC form PR-1 and notify the IC. WC benefits are your recourse here, not a suit for reimbursement or damages.
    Your out of pocket payments for treatment will be reimbursed by the WC IC.
    You should have seen the red flag when your personal insurance declined/delayed payment due to the inconsistant paperwork...notify the IC today. As this was initially filed by the immediate care facility, you should not have a problem with the SOL of one year to file...from your date of knowledge of the injury. But, be prepared to explain your involvement in this...you do not want to be included if there are any charges filed against your boss.

  3. #3
    Join Date
    Oct 2007
    Posts
    2

    Default Re: can i re-open a workmans comp case?

    thank you. I will make the call today.

  4. #4
    Join Date
    Aug 2008
    Posts
    1

    Default Re: can i re-open a workmans comp case?

    I agree, the ER commited fraud as well as your boss and an honest man would not have you lie for his well being. Good luck. It seems that you'll have a few things rolling in the barrel at once and that can be confusing. Keep a journal everyday and every day that you can remember and try to get your medical recordsbefore you start any legal action. They have been known to disappear mysteriously on a few people I know and even altered. I don't know alot about the subject, but i do know that.

  5. #5
    Join Date
    May 2008
    Posts
    329

    Default Re: Can I re-open a workmans comp case?

    Wendy, are you in Ca?

    You need to contact your local information and assitance officer, look in your phone book, and call him/her, they can help you with ALL your papewr work, and be sure to pick up a copy of the NOLO book, on workers compensation. You can find it at Barnes and Noble.

    Good luck.

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