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

Q: I had a slip and fall yesterday at work. I am now experiencing a lot of pain and discomfort. Do I need to return to work

Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed

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

A: In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary care. Inform your healthcare provider that the injury is work-related so it can be properly noted, which is important for a workers' compensation claim.

Even if your supervisor or manager did not file an injury report, you have the right to file a workers' compensation claim yourself. You should notify your employer in writing about the injury and your intention to file a claim as soon as possible. This notification should be done within 30 days of the injury to ensure you meet the state requirements for workers' compensation benefits.

If you are unable to work due to your injuries, workers' compensation can provide medical benefits and a portion of your lost wages. It's important to follow through with the claims process and comply with any medical examinations or requests for information from the workers' compensation insurance carrier. If you face difficulties with your claim or your employer's response, consulting with an attorney experienced in workers' compensation law can help protect your rights and guide you through the process.

Tim Akpinar agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: CALL A LOCAL WORKERS COMP LAWYER IN THE AM.

YOU NEED DIRECTION FROM A W.C. LAWYER, NOT A PI LAWYER LIKE MYSELF.

SEE MISSIVE BELOW BY ATTORNEY ARRASMITH WHICH APPEARS TO BE COMPLETE.

Tim Akpinar agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: THIS IS PROBABLY NOT A PI BUT RATHER A WORKERS COMP CASE, AND YOU SHOULD CONSULT WITH A WC LAWYER IN THE AM

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