How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon, Esq. Your Own Question

Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1830
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
69271599
Type Your California Employment Law Question Here...
Brandon, Esq. is online now
A new question is answered every 9 seconds

I had an employee fall at work, x-rays were negative and she

Resolved Question:

I had an employee fall at work, x-rays were negative and she was released to return to work but not to lift more than 10 lbs (she is a server, not a problem). She still complained of pain so she went to the specialist. The specialist did routine exam didn't see anything wrong and released her back to work but scheduled a MRI. MRI concluded she had two herniated disk and is scheduled to have three follow up visits for cortisone shots. I know herniated disk is usually due to age and wear, rarely to a fall (I also know the fall may have irritated or caused inflammation), amI required to continue to pay for these follow up visits or any future issues.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 11 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

You are required to pay for any medical treatment that can be seen as necessary as a result of the at work incident. This can include exacerbation of a pre existing injury. That being said, workers compensation insurance companies constantly argue that injuries like these are pre-existing, and the treatment required is only for the pre existing condition and not for the exacerbation. Arguments like this will likely keep you out of having to pay penalties until after a WC judge issues a demand to pay. A failure to pay at that juncture would likely result in penalties, however. The easy solution to this is that you should pass this off to your workers compensation insurance. They will deal with it and decide if they want to pay out or defend against a lawsuit. If you do not have workers compensation insurance, then you should highly consider paying for this persons treatment, because if they decide to report you to the DLSE, even if they don't have recourse, you will have significant fines levied against your business.

Brandon, Esq. :

This is because Labor Code Section 3700 requires all employers with at least 1 employee to carry insurance. A failure to do so will result in cause the DLSE to issue a stop order prohibiting further use of employee labor until you purchase workers compensation insurance. It will also carry a fine for every employee you have working for you and may even be seen as a misdemeanor. The fine you will end up paying will be far in excess of any medical bills this person requires.

Brandon, Esq. :

So, in short, if you have insurance, let them deal with it. They will try to find a doctor willing to state that her current condition is where she was at prior to the accident. If you do not, it will be in your best interest to take care of this quietly, because if you do get reported, the consequences far outweigh the possible benefits.

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Expert:  Brandon, Esq. replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 11 months ago.
Thanks Brandon, I'm sure it doesn't matter because most states probably have similar laws in this area but I'm located in SC. Unfortunately I was in between coverage and didn't have gap coverage. I've paid everything thus far and don't mind covering the next scheduled visits but at what point should I say enough is enough? And what should I do moving forward to protect myself the best I can?
Expert:  Brandon, Esq. replied 11 months ago.
While the laws are similar, they do in fact differ as to the penalties and requirements. SC requires that you must have workers compensation if you employ 4 or more employees and that a failure to do so will result in significant fines and penalties. For example, if this gets reported, you could end up having to pay $1,000 per day for each day you went without workers compensation insurance. Under South Carolina law, the Workers' Compensation Commission has authority to double the fines and penalties for each workers' compensation violation. Except however, in cases where employers fail to carry workers' compensation in violation of state law, a minimum penalty of $750 for each year of no insurance and a maximum of $1,000 per year of no insurance can be assessed. The Commission also has the authority to subpoena witnesses and request the production of books, records or any documents necessary for their investigation. Any subpoenaed person that cannot show just cause for failing to appear or produce the requested documents can face up to 30 days in jail or a fine for each failure to comply.

So, while legally you can stop paying for this person, realistically speaking you may end up significantly worse off if you get reported for not having insurance. The best thing to do is to get insurance as soon as possible. For less than $2,000 you would have a business that is insured. Then, after you are insured, you can reevaluate whether or not you want to keep paying for these visits.
Customer: replied 11 months ago.
I'm currently covered, when i realized i wasnt covered i immediately ran out and got covered, I've been covered for about 3 weeks. Unfortunately, this incident happened about 4 weeks ago. The reason I didn't have coverage is because I pay my premiums in full and when it was time to renew a year later my agent/agency didn't renew my policy and for me it was just "out of sight, out of mind (guess I just leaned on my agent to keep me up to date). Come to find out the agency was bought or merged with another agency and I seemingly fell through the cracks. I didn't know I wasn't covered and didn't actually realize the amount of time that had elapsed until this particular incident, I went to pull my information and basically said, "oh shit". Moving forward, what would you recommend me do? I know your not my "attorney" but based on your expert opinion what is my best course of action.
Expert:  Brandon, Esq. replied 11 months ago.

As you are well aware, I cannot create an attorney client relationship with you and thus cannot tell you what you should do in this situation, however, if it was me, I would not want to run the risk of this employee causing any problems. Thus, I would not coddle this person (as employees try to take advantage when they think they can) but I would make sure all of their medical needs are met. You could ask the employee to make sure to have something from the doctor stating that they believe the procedure is related to the work injury, but never deny payment long enough to have them feel their only recourse is to go to the workers compensation board.

Brandon, Esq., Lawyer
Satisfied Customers: 1830
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 3 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.