hernia

[round 1]

What is the name of your state (only U.S. law)? Ca

Hi I recently found out from my doctor that I have a hernia.. Well I knew it was work related cause of the environment at my job.. Constant heavy lifting. Well I told my supervisor and he told me with my injury track record at my job that I should and urged me to use my own insurance to treat the hernia.. Is it right to tell me not to use work comp cause of my past or is that discrimination?

 

[pattytx]

Are you saying that he refused to let you file a report of a work-related injury?

http://www.dir.ca.gov/dwc/InjuredWorker.htm

DO you have a history of this type of problem? Did you have it before you started working there?

 

[Dave1952]

You've not told us why this might be a worker's comp case. Did your doctor suggest that it was work related?

Good luck

 

[justalayman]

this type of situation does bring up a regular problem:

injury is likely caused at work but due to the type of injury, there is no "date of incident" that can be pointed to as when it happened. Injuries such as hernias can start unnoticed and then, through continued stress, exacerbated to the point of eventual discovery.

Often times, a person may have simple felt a minimal twinge that goes unreported. I'm getting old so I often have aches and pains. If I reported every one to the boss, I wouldn't have time to work.

so, how is it determined whether it is a valid WC claim or not?

Well I told my supervisor and he told me with my injury track record at my job that I should and urged me to use my own insurance to treat the hernia..

he cannot refuse to allow you to file an incident report but from the statement I quoted, I suspect you get injured a lot at work, maybe more than other employees do. An employee that is a greater liability than the general workforce often finds themselves without a job. A business will, and can, remove employees from their workforce that are disproportionately more prone to accidents and injuries.

Maybe he was trying to let you know you are one of those employees. While the way he did it (if in fact I am correct) is not proper, it may be something to look at.

bottom line: they cannot refuse you a WC claim. It isn't within their power.

 

[round 1]

Are you saying that he refused to let you file a report of a work-related injury?

DWC injured worker information

DO you have a history of this type of problem? Did you have it before you started working there?

Yeah, he told me since I just had another type of injury not 2 months prior that I should just do the claim on my own insurance cause apparently management was getting upset that I was getting injured. No I've been working there almost 3yrs now and didn't have it yet. But yes I have had a hernia before at a different job but it was on the other side