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Pay for drs visits

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  • Pay for drs visits

    Does the employer have to pay for time off due to drs visits, physical therapy when those appts are within work hours? Is there a California Code I can refer to?

  • #2
    They must pay only for each day lost as a result of a medical exam they request, such as an IME.

    See here LABOR CODE
    SECTION 4600-4614.1
    (e) (1) When at the request of the employer, the employer's
    insurer, the administrative director, the appeals board, or a workers'
    compensation administrative law judge, the employee submits to
    examination by a physician, he or she shall be entitled to receive,
    in addition to all other benefits herein provided, all reasonable
    expenses of transportation, meals, and lodging incident to reporting
    for the examination, together with one day of temporary disability
    indemnity for each day of wages lost in submitting to the
    examination.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      I am going through a workers comp claim I recently filed, and I have been going to therapy appointments and doctor appointments and today my office manager called me in her office and told me that I am not being paid for the time I am at the doctor and that if I have to go to the doctor, it is on MY time. Seeing that the doctor/ therapists work from 8-5 and I work from 8-5, it is impossible for me to do that. The workers comp doctor they sent me to feels the need to send me to PT and a surgeon, so shouldn't they be paying for that time? If their doctors are sending me to surgeons and therapists, shouldn't it be on their time?

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      • #4
        What may be paid is a matter of WC laws that govern the industry. It would be considered fraud for the insurance company to pay for things not included under the law. It may be unfair, but if your state law excludes paying for this time (and I've never heard of a state that doesn't exclude this) then the insurance company can not you for it.

        You can try to work something out with your employer, but they are not obligated to allow you this time off with pay either. If you have sick leave or PTO you should be able to use that as that is what it is there for.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          It isn't even worth talking to my employer. Since I filed, they are treating me like crap, and every little thing I do, they are right behind me looking for a reason to terminate me and I know this for a fact. I heard my office manager on the phone talking to the doctor about terminating me as soon as they find a reason, so I already know there is no way I can work anything out with my employer at this time. I did retain a workers comp attorney and he did advise me that he can't legally do anything for me for 30 days, so basically my health will be getting worse as a result of this workers comp claim and I will not recieve the medical treatment I need as a result of a work injury. This isn't right.

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          • #6
            I tihnk perhaps you misunderstood the attorney as nothing would bar him from acting on your behalf for 30 days.

            It sounds as though you are getting the treatment you need, you just aren't getting the time off of work paid for to attend appointments and therapy, which isn't required under law. Have you spoken to your doctor about a referral to a PT facility with different hours? In this day and age it is unusual for there not to be evening, morning or weekend hours available.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

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