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  1. #1
    Join Date
    Aug 2019
    Posts
    3

    Question Attorneys and Workers Comp

    Ok so stoked I found this forum. I've been trying to call the CA DWC and get help and they're not much help.

    Here's a quick synopsis. I'm a seasonal employee in the confused state of California for a multi-billion dollar company, I tore my ACL at work, had surgery, still have same issues I had before surgery, doctor says I need an additional surgery, now the TPA is objecting to everything the doctor is saying, TPA has demanded I sign a medical release of ALL of my medical records (literally ALL), TPA is requesting a QME. Seems like they want to be done with me? I have no attorney.

    Finding this forum was exciting because it seemed like a place where I can find answers to similar questions as mine.

    However searching around it seems like just about everyone has an attorney. Now, as I get more into researching I am finding out the TPA and the company I work for might not have been as honest with me as I would've thought they'd been (yes my fault) and have found many inaccuracies in their statements.

    One of the many things that I am questioning, especially as my situation progresses, is my "rights" to hire an attorney. My company told me that if I hire a lawyer that they will fire me. This is also something that many of the long time employees say is true, and a leading cause for a lot of my co-workers to not file a WC claim ever in the first place when they maybe should have!

    Is anyone able to please elaborate on the legalities of what companies can do with regards to my employment after hiring an attorney to handle a WC claim?

    Thank you and again this is such a great resource!

  2. #2
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: Attorneys and Workers Comp

    They can fire you if you hire an attorney or not - there's no law saying they have to employ you.
    California is an "at-will" employment state, which means they can fire you for no reason or any reason unless you have a labor contract stating different.

    California's Labor Code contains a presumption that employees are employed at will. This means that either the employer or the employee may terminate employment at any time, with or without cause or prior notice.
    https://www.shrm.org/resourcesandtoo...alifornia.aspx

    You may as well hire an attorney to protect your rights, you have nothing to lose and everything to gain.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Aug 2019
    Posts
    3

    Default Re: Attorneys and Workers Comp

    Thank you!

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