El Monte, CA asked in Personal Injury and Workers' Compensation for California

Q: Can my employer have me sit in their office for 8 hrs. A day just so they don't have to pay work comp? I broke my leg

3 Lawyer Answers
Ruben Montoya
Ruben Montoya
Answered
  • Workers' Compensation Lawyer
  • TUSTIN, CA

A: The answer is Yes. If they are able to accommodate your restrictions they do not have to pay WC benefits. However if doing your restricted job duties you feel pain you can have a re-eval with doctor to further modify. In addition, if you do not agree with a doctor's determination you can object to his findings and request a PQME. I suggest you talk to a WC attorney ASAP. Remember we do free consultations and work on a contingency fee which means you do not pay anything out of pocket. Good Luck!

Domingo R. Castillo
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Answered
  • Workers' Compensation Lawyer
  • Indio, CA
  • Licensed in California

A: In short, yes. I agree with my colleague. The good thing (I assume) is that you're getting the same hours and same pay as you were before the injury. If your employer has reduced the hours or reduced your pay, you need to discuss this with an experienced workers comp attorney. The insurance company would have to pay you Temporary Partial Disability Benefits or the difference if this was the case. If your med condition is worsening, you need to report this to your doctor so that he can modify or reduce your work duties and work restrictions. If you go on disability, you will be getting 2/3's or 66.67% of your average weekly earnings. Have a primary treating doctor on your side is extremely important! If you are seeing the insurance doctor that the ins claims adjuster choose, you will have major problems sooner than later. Set up an appointment with an experienced and aggressive work comp attorney. We do not charge until the case is settled and we do not charge for a consultation. Good luck!

Peter N. Munsing
Peter N. Munsing
Answered

A: For what it's worth it's true in many states. Their choice--if they want you to be gainfully underemployed for the same money that is their business. I would suggest that if you normally would have overtime,you want to keep track of that. They should either pay you for the OT you miss or have you sit there for time and a half or doubletime as case may be.

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