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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was in a minor fender-bender a couple of weeks ago while

Customer Question

I was in a minor fender-bender a couple of weeks ago while on the job driving the company car. The accident was my fault. I was fired per company policy. At first I declined medical treatment as it was a minor accident and the aches and pains I felt afterward were vague and minor. However, it apparently aggravated an old, pre-existing injury in my back and I am now in a LOT of pain and need treatment.

The company has Fireman's Fund as their insurer. Am I required to see the "company" doctor, or doctors that are on Fireman's Fund "list", or can I see my own family doctor? What if my family doctor see work comp cases?

Thank you,

Terry
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Terry,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unfortunately, your companies auto policy almost certainly has a clause which dictates that for personal injuries suffered by employees while in the course and scope of their employment must first have all medical expensed paid by workers' compensation. This is the same clause that you will also fond in your private health coverage.

In order to have your medical expenses paid, you will need to file a workers' compensation claim through your former employer. They are obligated to file the first report of injury with the workers' compensation carrier.

If you did not pre-designate a physician that you would treat with in the event of a work injury, you are required to use the company physician for the first 30 days, and after that time, if they say that you still need treatment of some sort, you may choose your own physician.

Notify your former employer as soon as possible and demand that they make a First Report of Injury for you.

Here is a link to quite a bit of information regarding your claim that may benefit you to understand:

http://www.dir.ca.gov/dwc/wcfaqiw.html



You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Terry. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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LawTalk
LawTalk
California Employment Lawyer
27889 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.