Worked as a "per diem" physician at Kaiser. Injured in parking lot after shift. Worker's Comp vs peronal injury?

Question

As a per diem at Kaiser, we are not regular employees.  We are paid with w-2, and covered under worker's comp ( med tx and biweekly payments), but not afforded other regular benefits including modified duty (policy for employees is 90 days at close to, or normal pay), and job security.  After 10 years essentially full time, I was informed recently that I would not be able to return to my former duty or department.  I was told, the department had made changes and hired younger physician assistants in my place.  I was not offered any modified duty, despite the huge number of opportunities at Kaiser. 
Injury on 12/16/16 (tripped over illegally placed chain in parking lot), but not informed about dismissal until 2 months ago.  I am now on TTD with lumbar surgery pending.  I am considering litigation, and need to know which route to take.  Also worried about statute of limitations.  Do I need to give 30 days notice prior to filing a claim?  I would appreciate any help.  DocU  Upland, CA

William John Light · Answer

Workers comp is a virtually guaranteed recovery.  Even though you were off work, being injured in the parking lot will be considered.   
 
Alternatively, PI claim will also be possible.  Recovery is less certain, but larger.  I don't believe that both claims will be allowed so you will have to choose.  If you choose PI, and it is determined that your claim is barred by workers comp., you should then be allowed to pursue the workers comp claim. 
 
Take photos of the area of the fall, with a tape measure, yard stick or ruler for perspective.  Take photos of any visible injuries.  Make an appointment with an attorney.  Consultations are free.

Ronald Mahurin · Answer

1) No, you are not required to provide notice prior to filing a claim for workers compensation benefits. 
 
 For your 2016 claim, which would probably fall under the going and coming rule, if your employer had notice of your injury by any means and did not give you a DWC-1, then the one year statute of limitations for filing a claim is tolled until the notice is provided.  The law says you have one year from the date of injury, receipt of benefits, or last medical treatment to file an application with the WCAB.  It might also be classified as a personal injury.  There is no rule that says you cannot file both a personal injury suit and workers compensation suit at the same time. However, there can be complications with credits if one settles before the other.  Speak with a well versed personal injury attorney. 
 
With respect to the replacement employees, you may have a claim for age discrimination, but that is not workers compensation.

William John Light · Answer

FYI, you have two years to file a PI lawsuit.  You do not need to give notice before filing the claim.

Dale S. Gribow · Answer

Much more info needed. 
 
you should consult a WC lawyer in Upland Area. Just because you are listed as part time or not permanent does not mean the law would classify you that way. 
 
I have a strong feeling the law would consider you a full time employee but I am NOT a labor law attorney nor a WC attorney. 
 
you should contact both a labor law attorney and a workers comp attorney, preferably one that does third part cases too. There is a "going and coming" rule that may kick in.

Q: Worked as a "per diem" physician at Kaiser. Injured in parking lot after shift. Worker's Comp vs peronal injury?