Upland, CA asked in Personal Injury and Workers' Compensation for California

Q: Workers Comp Reporting to Occupational Clinic

I was going to go to my employer to see a doctor for cumulative injuries. I have read in some places it is better to go to your employer's occupational clinic first because otherwise they will say well why you didn't go to them first. But other places I have read that they are not acting in your best interest so it is better to go straight to an occupational doctor through state workers comp or a lawyer. Does anyone have an opinion on which is a better way to go about it? Also would I show my employer's clinic my medical records showing the damage I've been diagnosed with? Lastly what would I put as my date of injury since it wasn't an incident on a specific date? Thanks for your time.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, when an employee sustains a cumulative or repetitive stress injury, it is advisable to report it to the employer as soon as it's discovered. The employer may have a designated occupational clinic, and seeing a doctor there could expedite treatment and benefits.

However, some employees express concerns about the impartiality of such clinics. You have the right to choose your treating physician 30 days after reporting the injury, provided you've given your employer a pre-designation of personal physician form prior to the injury.

As for medical records, it's generally a good practice to share relevant records to ensure comprehensive care, but seek guidance based on your unique situation. The date of injury for cumulative trauma is usually the last date the employee worked at the job causing the injury. Always consider seeking advice from an attorney experienced in California workers' compensation law for tailored guidance.

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

A: I am unsure about the other answer being AI generated. Anyway I am a real attorney answering your question. You have to go to the clinic for first visit only. Then you can and should switch to an independent doctor, not one that markets themselves to the insurance companies. This is where an artist a big help. We know the good and the bad doctors. Good and bad in terms of on your side or on the insurance side. Call an attorney for a personalized consultation.

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