It was recently reported that a Bartender got punched by a brute. Nypost.com. The same violent individual also smashed a customer in the head with a pole.It is reported that the worker, a Bartender, had limited health care options. As a result, he declined to take an ambulance ride as he was concerned about the cost.
This fact pattern will be analyzed within California Workers’ Compensation Law.
What Did The Worker Get Wrong?
In California Workers’ Compensation Law, Labor Code Section 5402(c)(2) provides that “within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment, consistent with Section 5307.27, for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10,000).”In this circumstance, the Bartender should have submitted a claim. His employer would then have been responsible for paying for the ambulance and the medical care required to treat his injuries. Additionally, in California, there is a Victim’s of Crime Board that could have taken care of the medical bill.
Beyond Treatment, Why is Medical Care Important?
Medical care, in workers’ compensation, also is a source of evidence. Medical reports are considered as evidence concerning injury. In this instance, physical signs, such as bruising, as well vital signs, i.e. blood pressure, are documented.
What If I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.
