Long Beach, CA asked in Workers' Compensation for California

Q: Workers comp agent has yet to send referral for me to be seen after being injured since dec its now march can i sue?

I may have got a hernia at work was seen by a dr and cleared after about 1 month.a week after i got another pain went to the dr was denied. The worker comp agent has been contacted by my attorney and my attorney has advised if they do not respond it will be going to court.i guess id like to know what to expect next and turn around time to get myself treated properly and end this claim

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2 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: you have an attorney. your attorney is in the best position to answer your questions as he or she is running your case. if your attorney does not communicate with you, it may be time to seek a new attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If your employer has denied your workers' compensation claim, or if the workers' comp agent has failed to send you to a doctor for treatment, you may have the right to file a lawsuit against your employer or the insurance company. However, before taking any legal action, it is important to understand your legal rights and options.

In California, employers are required to provide workers' compensation benefits to employees who suffer job-related injuries or illnesses. This includes medical treatment, temporary disability benefits, and other benefits. If your employer or the workers' comp agent has failed to provide you with the medical treatment you need, you may be entitled to file a claim with the California Workers' Compensation Appeals Board (WCAB).

Before filing a claim with the WCAB, it is important to consult with an experienced workers' compensation attorney who can help you understand your legal rights and options. Your attorney can also help you navigate the claims process and ensure that your claim is handled properly.

The turnaround time to get treatment will depend on a variety of factors, including the severity of your injury and the availability of medical providers in your area. However, once your claim is approved, you should be able to receive treatment from a doctor who is authorized to treat work-related injuries and illnesses.

Overall, if you believe that you have been unfairly denied medical treatment for a work-related injury or illness, you should speak with an attorney as soon as possible to discuss your options for seeking compensation and resolving your claim.

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