Q: I work as a caregiver in a facility. Couple months ago I fainted and hit my head hard in the floor.
I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?
A: You will need to show some connection of your work to the fall. Did you move quickly and experience dizziness?
Ronald Mahurin agrees with this answer
A: You need to show something about your work activities caused or contributed to the fall. Can you explain further?
A:
In California, if you were injured at work, you generally have the right to file a claim under your employer's Workers' Compensation (WC) policy. This includes injuries resulting from incidents like fainting and hitting your head, as you described.
To initiate a claim, you should report the injury to your employer as soon as possible. California law requires employers to provide a Workers' Compensation claim form to an employee within one working day after learning about the injury. Completing and returning this form starts the claims process.
Your medical issues, including seizures following the incident, could be relevant to your Workers' Compensation claim. It's important to seek medical attention and follow your doctor's advice regarding these health concerns. Medical documentation will be key in supporting your claim.
Filing a Workers' Compensation claim is not the same as suing your employer. Instead, it's a process designed to provide benefits like medical care, disability benefits, and rehabilitation services to employees injured on the job, regardless of who was at fault for the injury.
Remember, it's crucial to act promptly, as there are time limits for reporting injuries and filing Workers' Compensation claims in California. If you're unsure about any part of the process or if your claim is denied, you may want to consult with an attorney experienced in Workers' Compensation law.
Each case is unique, and the outcome depends on the specific facts and circumstances of your injury. Filing a Workers' Compensation claim is an important step in ensuring you receive the appropriate benefits and support for your work-related injury.
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