If you are injured at work who pays for the time you are at the doctor?
I am in California. Last month I fell at work due to a computer cable that had been stretched across my cubical without my knowing. I injured my hand, and have been seeing a specialist for the injury. Up until now my work has been paying for me to go to my appointments (on work time) but now that say I have to go on my personal time and they will not pay for it. Is this legal? I only have the injury because of the job, aren’t they supposed to allow me to get it treated at their cost and time?
I do have a current workman’s comp claim going. Up until now all of my appointments have been made during my work day, and I have remained on the clock. Now they are saying I have to make the appointments off work time without being compensated. Plus, the doctor they are making me go to is FAR from my home, so this does not seem fair.
Answer: Workers Comp should be paying you for mileage, but they might have a scale for determining how much time you miss from work before they pay for lost wages. Also, you won’t get 100% for lost wages. It’s a percentage of your wages. You have a right to switch doctors. You need to do some research on your state’s Department of Labor, Workers’ Compensation Division website to find out more. Or, click here to get a consultation with a workers comp attorney to find out how you can handle this. How are you supposed to see a doctor after work hours? If they are preventing you from getting to your appointments, you NEED to speak with an attorney.
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5 Responses to If you are injured at work who pays for the time you are at the doctor?
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@stephanie, you should be keeping track of your mileage. You can get reimbursed from the worker’s comp insurance company. But I don’t believe you will get paid for your lost wages unless your are taken off work. You need to speak with the workers’ comp office.
BTW, you should have filed out a physician pre-designation form BEFORE your injury so you’re allowed to go to your own doctor, not the company doctor. Company doctors are evil and will rush you back to work too soon and down play your injury. But if you don’t feel you’re getting adequate care, you can always demand a switch.
Hi I fell at work a week ago and am going to a doctor on there list I picked this doctor because they were open until 10pm and didnt want to take time off from work as I was told they would not pay me. My on going appts. with the doctor once a week has to be before 5pm and the physical therapy class are twice a week that have to be no later than 4pm. my work is 40 miles from the doctors office. should I be getting paid since i have no choice but to go at this time. please let me know what I should do. I have been with AppleOne has a temp since 2009.
Thank you…..
The insurance company doesn’t have to pay you for your appointments while on work hours. Most states have this in the law to prevent people from going to the appointment and not returning back to work. This is legal and unfortunately there isn’t any thing you can do about it.
Now as for miles I would contact the adjuster and ask them about mileage reimbursement. Most insurance companies won’t tell you this but they have to pay your for your miles. So what you can do is record your miles from work to doctor and back to home or work. You’ll get paid for your round trip from point A to point B. You can’t ask for reimbursement from doctor to pharmacy to home, that doesn’t work, just from point A to B.
So call them about that and ask how much is the rate, I think it’s 0.558 per mile. Record what miles driven, not using miles from the odometer. The adjuster will double check for these miles. It’s simple to do, address from first place (work/home) to doctors and back home.
Good luck
Their insurance should cover all costs, unless they think you are milking it, in which case the insurance company will have to investigate by sending you to a specific doctor. to evaluate the injury status
first workmans’ comp is a no fault system. (no blame is assigned to anyone) *please contact an attorney.
second you are compensated 66 and 2/3 percent for time that you are physically unable to work. that does not include doctors appointments(*in most states) but does include reduced shifts.
third. you have the right (*in most states*) to pick a physician off the panel of physicians to go to . and you have the right to one free switch *(in most states) after that you must submit a Request for Hearing to the state board of workers’ compensation for further changes of physicians past your free switch if your employer disagrees.
forth. You have the right to be compensated for the millage you drive *if you are unable to drive (*in most states) you may request that you have transportation provided (*in most states). *if you take a taxi get a receipt.
You have so many rights your employer does not want you to know…