Monterey Park, CA asked in Workers' Compensation for California

Q: My wrist never healed after surgery and I'm in a lot of pain. It's worse every day. Should I go to the emergency room?

I fell at work and broke my wrist. I had surgery and it never healed. The screw stripped out and I have bone floating around on the end of the screw, causing tons of pain. I am seeing a new doctor who requested surgery several months ago and in the meantime I'm enduring severe pain while still required to work. Should I go to the emergency room? My pain is nearly unbearable and I cannot take it any longer.

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1 Lawyer Answer

A: Yes, you can go to the emergency room when pain is unbearable... the trouble is the hospital will bill you personally, and when you tell them it is a work injury you may be refused care. TAKE EVERY SHRED of detail on the comp claim: the claim number, the adjuster's fax and phone, the supervisor's phone, all their emails addresses, their billing/mailing address, your WCAB state Case Number, your surgeon's phone and fax and email. A surgeon is supposed to be following you until that surgeon releases you; an ER doctor will be very frightened to step in to treat what the surgeon is currently treating, so be prepared to fight. You could start by faxing demands for treatment to the adjuster, the adjuster's supervisor, the surgeon and indicate you will be complaining to the WCAB Audit Unit about the insurer's refusal of treatment and to the Medical Board for the doctor's inadequate treatment...telephone chats will be ignored, you need to assert your position in writing. THIS is why people should have an attorney specializing in workers comp, because an injured worker with one typing hand cannot possibly handle this fight.

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