How does worker's comp work in CA if you work a part time job?
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How does worker's comp work in CA if you work a part time job?
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There's more to this story than just working a part time job. For some reason I always thought that filing a workers comp claim was a bad thing, but now I'm not too sure. Yesterday as I was about to leave for work, I was going about closing down the back gate where I work when I fell, I felt my ankle give way and as I fell I may have fractured my foot and skinned my knee. I didnt' think that much about it, until I got up and felt that the pain in my foot wasn't going away. By the time I got back to my desk, it was obvious that my foot was injured worse than just a sprain. I got to my car and went home, and the next day it was worse, in constant pain so I dont' think it's a sprain. My questions are as follows: I was told I wasn't allowed to wear open toed shoes because of company policy, because there is a warehouse with tools and stuff that ppl can get hurt if they are dropped. I dont' usually go into the warehouse so I wear what I want. Then I was told that I was able to wear open toed shoes after all. What I was wearing that day were open toed platform wedges, which is what most likely caused my fall. Should I open a workers comp claim? It was really my fault for wearing those stupid shoes, if i had been wearing flats or even flip flops this would not have happened. I am torn because I have no insurance and going to urgent care to get xrays will cost a lot, I have also lost one day of work, and might have to lose another one. I work part time, live in CA, and have never used WC. I am wondering if it would be better to open a WC claim, or just deal with the fact that I made a poor choice in my outfit that day. I am nervous about opening a claim because they can always deny it, and also I feel like I will be made at fault for maybe wearing shoes I shouldn't not have been wearing. I dont know, I'm confused and would really appreciate any advice, especially for anyone who's filed a claim before. Also I already told my supervisor that I fell at home, so now to tell them the truth that I fell at work kind of makes it harder. I work in an environement where I'm the only employee at my workplace for the shift I work so no one saw me fall, and the cameras that may have captured my fall will most likely not be checked bc they only get checked if something happens i think.
Additional Details
HRmom, thank you so much for your advice! I really apprecite it. I went in for xrays and nothing was broken just an extremely bruised foot. I only ended up missing one day of work and bc I didn't break anything I decided not to come clean with my employer, but in the future if anything like this ever happens again, I will not hesitate to tell my employer and file a claim now that I have more insight on how wc works, thanks again.
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HRmom
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You're in a tough spot because you already lied to your supervisor. But now you need to come forward and explain that you actually fell at work but were too embarrassed to say so. You need to go to a w/c doctor. Yes, I understand that you were partially to blame for the fall (your words) but that doesn't matter in a w/c claim. Unless you were "willfully negligent" or purposely caused yourself to be injured, you should have no problem. The employer can contest the claim, but they still have to allow you to go to a w/c doctor/facility and open the claim. Once the claim is opened, they can tell the carrier their reasons for fighting the claim and it is then up to the carrier to determine your eligibility. But this happens AFTER you've opened the claim and already begun to seek treatment. Plus, if this ends up being a "medical only" claim, meaning w/c does not do anything other than pay for your medical treatment and you don't miss more than a certain number of days from work (I think it's two, but don't hold me to that) then it's not really a big claim for the employer to worry about.
Just go talk to your supervisor and admit what happened and tell them you want to go to a w/c doctor. They HAVE to allow you to go, regardless of their feelings about it. It's the law.
Good luck! |
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Judy
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By waiting a full day before reporting it, and lying to your supervisor saying you fell at home, you have pretty well destroyed any claim you might have had. |
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