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I injured my back at work. I went to the hospital and they said unable to return to work until rechecked on 5/30/13.

Los Banos, CA |

I got injured at work and i reported it to my boss his mother gave me a massage and told me i would feel better that if i went to the hospital they where going to put me in pain. I finished my shift with still some pain. At 3 in the morning i couldn't tolerate the pain and went to the emergency room. They told me to some papers to my employee where it stated i was unable to return to work until rechecked by employees health care provider. Employee told me that i was released to work and but me back on calendar. I still have pain. What should i do?

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Attorney answers 4


Unfortunately, I cannot follow your story. You should complete a DWC-1 Claim form and ask for the name of the WC Insurance. A WC Attorney would also be wise, since it appears that you have some writing challenges.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


Talk to an attorney soon. You need to first be sure that they have reported this to the insurance company. Have you filled out any type of incident report? Have they directed you to a company authorized dr? You don't say how big the company is but when I see this type of behavior I either think they don't want to report it or they don't have wc ins. In my state you would been contacted by the insurance company by now.


1. Start by requesting a claim form from your employer, which they should have already provided to you, since you told them you had been injured on the job;

2. Hire a workers' compensation lawyer, who will find out who your employer's insurance company is. Your lawyer will get a copy of the insurance company's medical provider network list so that you can get medical testing, treatment and surgery if needed;

3. Your new doctor will take you off of work if he or she determines it is medically reasonable to do so, after speaking with you and examining you.

Hope this helps!

Michael Ian Rott, Esq., Managing Partner
2635 Camino del Rio South, Suite 306
San Diego, California 92108
Office: 619.296.5884, ext. 14
Fax: 619.296.5171
Cell: 619.252.2248

San Diego - El Centro

Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.


You need to figure out if your boss and his mother have workers' compensation insurance. File a case and get proper medical attention. A work comp attorney should be able to sort you out.