I fell at work on the hallway carpet 9/24/2013. I was taken to the workmans comp clinic, X-rayed and told it was a sprain and that I could return to work the next day. I could not even dress myself the next morning and did not sleep all night. I went back to the clinic who still said it was sprained, not broken. I refused to go back to work because I was in a lot of pain.
The Temp agency I worked for did pay me for those days, however I was told to go back to work the following Monday, taking only Tylenol for the pain. I would break out in a sweat from the pain and would be in tears when I used it. My foot was swollen and bruised from my toes all the way up my leg to just before my knee.
This was a humiliating experience at work: I was reprimanded for my being a few minutes late and for not being detail orientated. I am a receptionist and time keeper for payroll. My duties included copying and faxing which required me to constantly get up and down.
Last Thursday on 11/07/2013 I went back to the clinic and they found out a week prior that my foot was broken (on 10/29/2013 they had the MRI result). Now when I was leaving the doctor put me in a wheel chair.
It’s a little too late for that… The CT scan also shows the break (they did that 6 days after the MRI).
I was told not to go to the emergency room myself in the beginning even when I said it was broken from the moment I fell. They said that if the ER did the MRI workers comp would not pay for it. I have no insurance. They obviously messed up with diagnosing my broken ankle and I suffered a lot because of it. What can be done?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
From the facts you present it appears your primary employer was the staffing agency and not the company where you worked. If that’s the case, your workers compensation benefits will be accessed through the staffing agency’s workers comp insurance company.
While the manner in which workers comp, the staffing agency, and the company where you actually worked handled your injury claim was reprehensible, your recourse is limited. Under the State of California’s workers compensation statutes you are entitled to workers comp benefits, including:
-Payment of your medical bills;
-Reimbursement for your out of pocket expenses for medications, the wheelchair, costs of transportation to and from treatment, etc.; and
-About 2/3rds of your lost wages
If there was ever a case where an injured worker should receive compensation for pain and suffering, your case would be first in line. Unfortunately, even though the actions of the above-referenced parties was unconscionable, California workers comp laws prohibit you from recovering compensation for your pain and suffering.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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