Work Place Injuries and What to do

(Workers Compensation)

Work place injuries have become a constant in the retail/mercantile industry. Despite this fact, it is not widely known amongst our members that they are entitled to employer paid medical treatment.

California law provides that an employee injured in the course of his or her employment duties shall receive such medical treatment as is reasonably required to cure or relieve the effects of the injury. This includes reasonable medical expenses incurred by, or on behalf of, the injured employee. No part of the reasonable medical expense is to be charged to the employee, either directly or indirectly. Medical treatment may include medical, surgical, chiropractic, acupuncture, and hospitalization, including nursing, medicines, medical and surgical supplies, crutches, and apparatus including orthopedic and prosthetic devices and services, and related transportation expense reimbursement.

These rights belong to all retail employees in California but are not necessarily implemented automatically. In most instances an employee must report an injury to his or her employer before the employer has a legal duty to provide medical treatment. When an injury is reported, the employee should request of the employer that medical treatment be provided, unless the injury and need for immediate medical care are obvious.

Your Union frequently receives calls from members who are on a leave of absence under the workers' compensation program and at their wits' end. Members tell how they still hurt after months of dispassionate medical treatment wrapped in red tape. Members share how they are frightened they will not be able to return to work in a timely manner. Members ask how it is they can regain control of the situation.

The very best way to manage a leave of absence due to an injury suffered on the job is to take control of the situation before the need arises.

California law provides that employees may select a personal physician and notify his or her employer in writing of this selection before an accident occurs.

When the employee "pre-­selects" a physician in this manner, that employee may obtain medical treatment from and through his or her personal physician for a work injury rather than having to submit to the company doctor. Naturally when "pre-selecting" a physician, it is a good idea to pick one who is experienced in the requirements of the workers' compensation program.

UFCW Union Local 1036 recommends that all of its members designate their preference for a physician. It is an important part of responsible medical care. The notice need not be in any particular form, but shall advise the employer of the name and address of the selected physician.

Your Union has a "Pre-select Physician" form available for distribution and use. Members can pick up copies at either Union office, leave a message for their Representative, or call Insurance Dept. to mail out a copy or download a copy from below.

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Helpful Tip:
1.  Be sure to submit a copy to the Company, usually through the Store Manager. They should put a copy in your employee file.

2.  Always make sure to save a copy for yourself and make a note of the event in the appropriate field, as well as who you presented it to, and if there were any others present as witnesses.