CanI file a discrimination claim against my employer for not wanting to send me to the doctor to treat a an on the job injury?

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CanI file a discrimination claim against my employer for not wanting to send me to the doctor to treat a an on the job injury?

I recently had a knee surgery because due to my occupation as a painter I have to go up and down ladders and my knees started hurting. I asked my employer if he could send me to see a doctor and he replied “no that will cost the company a lot of money”. I have been told that this is a form of discrimination. I finally went to see a doctor but I had to go behind my employers back to get my surgery.

Asked on November 17, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While employers cannot discriminate against people with disabilities, that means that have to make "reasonable accomodations," such as making some modication to how the job is done or providing assistive technology. It is NOT discrimination to not send a worker to the doctor or pay for his medical care.

If you were injured by your work, you might be entitled to worker's compensation, however. If so, worker's compensation might pay for at least some of your medical care and/or provide other compensation. You should discuss your situation, your rights, and your recourse with an attorney with experience in this area, who can help you get what you are entitled to.


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