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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Employer Waited Six Months to Send Me to a Doctor

    I injured my back last April, and told my manager a week later when it started hurting. She said that because I didn't report it immediately, there was nothing she could do. Six months later, it had gotten worse, and another manager found out and filled out workers comp paperwork. I went to a doctor, and after physical therapy and light work didn't help, they did an MRI. Apparently it's a "huge" herniated disc (8mm), and I'm going to see a specialist tomorrow because I may need surgery. My question is whether there is anything I can do about the fact that they waited so long, during which time my back probably worsened.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Employer Waited Six Months to Send Me to a Doctor

    She said that because I didn't report it immediately, there was nothing she could do.
    That statement is basically made in the attempt to deny you benefits under the employER's plan for industrial injury. It is not true.
    You can file the charge with the DWC fraud unit... whether or not you can prove your allegation would be another story/issue.

    If you are thinking of additional benefits to you..because of the delay.(?)...probably nothing you could do.
    Six months later, it had gotten worse, and another manager found out and filled out workers comp paperwork.
    You are basically admitting you did not suffer any 'pain' during the next 6 months, or you would have been requesting treatment.

    What this does do for you..in your favor...is allow you to chose a PTP of your own... outside the MPN. Your ER did not advise you of your rights to treatment, or tell you how to access treatment or that an MPN was the place to go. Now you don't have to choose a Dr the ER/IC sends you to.
    during which time my back probably worsened.
    The key word there is 'probably', thats difficult to prove. Even for a Dr to say....

    What would also be in your favor is the actual claim form being your DOI/Date Of Injury, and not the time you first told your supervisor/employer. That would make the cap on TTD 6 months longer. A "good thing''...

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