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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: California Employment Law
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Workers comp

Customer Question

workers comp
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns. What is your question, how can I assist you?
Customer: replied 1 year ago.
My employer is insisting that I see a doctor of occupational medicine to be cleared for work after I fell in the parking lot. I received first aid at the office (which is a health care clinic). I just scraped my skin and nothing else. I told my boss and HR that I reported the accident but I am not interested in being seen or filing a claim.
I filled out the forms and HR refused to provide me with the refused medical attention form.
Customer: replied 1 year ago.
I was told that I may not return to work unless I have been cleared by the contracted occupational med doctor. Don't I have any rights to refuse?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, To be frank, while you do have a right to refuse, they also do not have to let you back onto the premises. It appears that they want to cover their own liability and ensure that you are indeed safe enough to return, because while you can tell them that you won't file a claim, such a statement is NOT enforceable (you can change your mind at any time). This way they have evidence that there was no serious injury and could later challenge your claim if you still decide to make one. This is my suspicion anyway, typically that is how the employers think, and likely why they are demanding that you be cleared first. Hope that helps! Sincerely, ***** *****
Customer: replied 1 year ago.
I thought I was able to see my own doctor
Customer: replied 1 year ago.
I actually went to my doctor after I fell and they gave me bandaids, nothing is broken, my ego is bruised more than my injuries.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Provided that THEY pay for the doctor, they can ask that you see their own specialist. As far as your right to see your own, that is very much the case but as a precondition for returning, they can ask that you first be cleared by one of their own. Sincerely, ***** *****
Customer: replied 1 year ago.
I just did not want to be seen because the employer requires a drug screening and that just seems so wrong. I don't want to be subjected to that level of scrutiny.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, I can understand that. You can request that they only evaluate your direct injuries and that you do not otherwise consent to other screenings, unless of course under the employment contract you must consent to the screenings at the employer's discretion. Sincerely, ***** *****

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