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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Default Can I Start a WC Claim After I Have Been Laid Off or Fired

    According to my regular MD, my arm injury is work related. I presented the letter that my doctor wrote requesting WC, but my supervisor told me that if I filed for WC, I would not be able to work. He (my supervisor) diagnosed me with tennis elbow and instructed me to use an arm brace and take anti-inflammatories. He would not even look at the letter from my doctor. Now, two weeks later, I have been laid off or fired (not really quite sure what it was). Can I still file a Work Comp claim since my doctor won't see me until I do even though I was just let go?

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

    Default Re: Can I Start a WC Claim After I Have Been Laid Off or Fired

    my supervisor told me that if I filed for WC, I would not be able to work.
    If that is an attempt to deny you the ability to file a claim for WC benefits, it is illegal. Making statements to dissuade an IW to file a claim can be fraud, punisable by fine and/or jail.

    He (my supervisor) diagnosed me with tennis elbow and instructed me to use an arm brace and take anti-inflammatories.
    Not really enough info here... Is your supervisor a "doctor" ? If not, and regardless if he is, your ER/supervisor is not the person with the ability to diagnose, or determine your WC status.
    You FILE a form DWC-1 First Report Of Injury with your ER...you ER is required by law to provide the forms.

    As you were not permitted to file the form, nor directed to the appropriate medical facility to seek treatment, you are now permitted to select a Dr/PTP of your choice. You DO NOT have to treat in the ER/IC MPN/network.

    Yes, you can file the claim, as you notified the supervisor at the time, you actually have filed a first report of injury, even though the actual form was not provided.
    ...my doctor won't see me until I do
    Was it actully your Dr, or the staff saying they won't treat ?
    Your Dr should bill your ER or their WC carrier directly for services provided, not you or your health coverage carrier.
    IF you continue to see your current Dr he should agree to treat and participate in the WC rules/process. Or, you'll have to find a Dr who will.

    The DWC-1 is here, http://www.dir.ca.gov/dwc/forms/ClaimForm2010.pdf with instructions on how to fill it out.
    Give on copy to your ER, one to the WC insurance carrier if you can find which your ER uses, and keep a copy for yourself.
    Make a file, and KEEP a copy of EVERY document you send/receive.
    You can send the form to your ER by certified mail, or hand carry it.

    Find out from your Dr if he will treat under the WC rules...they will get authorization to treat from the ER/IC.

    You should also consider consultation with an attorney... your ER/supervisor is going to deny this claim, probably the IC will too. An atty can get this rolling so you can get treatment.
    ...even though I was just let go?
    Was there a general layoff at your ER, ? or, are you the only EE/employee subject to lay off at this time ? Could be harrassement/discrimination by your supervisor for attempting to file the claim. Again, something an atty would look into.

    More info and fact sheets for IW's are here http://www.dir.ca.gov/dwc/iwguides.html
    You could also contact an Information & Assistance officer at the nearest WCAB office.

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