Q: Can a worker’s compensation claim in CA be open/valid if the employee has not filed or signed anything?
Does a works compensation claim go into effect the moment that I inform my employer of an injury and their paperwork is filed with the insurance company and before I even file my paperwork or sign any sort of documentation? And despite my not having filed a claim form or signing any other documents related to a workers comp claim, what gives an insurance company like Berkshire Hathaway the right to invade my privacy, conduct surveillance on me, track my location, record my web activity, etc? Both my employer and Berkshire have stated that my claim began as soon as I notified my employer of my injury and they’ve submitted their paperwork. In fact they already had me interview with a private investigator at work and again, I haven’t even filed a claim or submitted any forms.
A:
There is absolutely nothing unlawful about your employer or its workers compensation insurance company and claims administrator immediately starting to investigate a claim of workplace injury once it is reported. If you have concerns about the insurer's actions, your best move is to hire a workers compensation attorney to represent you in the process.
Good luck to you.
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