Some time in Nov or Dec 2015, I was working and experienced what seemed like a charlie horse in my leg. I immediately went to the aid facility located on the property just to be told to stretch and drink plenty of fluids and take advil or tylenol. I did so and I did extra stretches everyday, however the pain came back off and on. Taking it upon myself, not knowing I should've went to HR, I went to see my doctor who then gave me an excuse to have a slight restriction for stair usage until the problem was officially diagnosed. A month into that restriction I was told that it could not be honored anymore because HR didn't have anything on file. Lack of knowledge on my behalf, I didn't know they needed anything other than what my doctor gave. I went to HR and was told by a rep that I should've gone to their doctors insead of my own. I did not know that the on site aid facility should've inspected what was going on more seeing it was the first visit I'd had there. HR told me that I should've gone to them if I felt "something wasn't right". I was told it sounded like a crap in my leg so I treated it as so. Protcol wasn't followed and now my orthopedic says its patellar tendinitis.
Locate and consult with a workers compensation attorney immediately. This a workplace injury claim and you need the protection of the workers compensation system and an experienced workers compensation attorney to assist you with making the claim and addressing any attempts by the company to hassle you about your handling of the injury.
There are several very fine workers compensation attorneys who respond regularly on this site. I suggest you use the Find a Lawyer function on this site to find a good attorney and get a consultation right away.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
I doubt your employer can put all the responsibility for this on you to deny you workers' compensation benefits. I'm not a workers' compensation attorney but do know the law is quite broadly applied. Particularly, if your employer provided the care facility for its employees' use, the employer may have institutional knowledge of your injury and cannot wriggle out of liability.
I suggest two things. Re-post your question in the California workers' compensation forum here on Avvo, and also get yourself a workers' compensation attorney. You can find a workers' compensation attorney on the California Applicant Attorneys Association (CAAA) web site: https://www.caaa.org. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other information and click “Search.”
* * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. * * * Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and must not be taken as legal advice. Legal advice must pertain to specific, detailed facts which are impossible to gather on a public web site like Avvo. * * * No attorney-client relationship is created based on this information exchange. * * *
You should consult with a worker's comp attorney immediately. Many offer free consultations. Good luck.
Disclaimer: This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. I always recommend consulting with an attorney, especially since many attorneys offer free, no-obligation consultations.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline