Fair Oaks, CA asked in Employment Discrimination, Employment Law and Workers' Compensation for California

Q: my employer is harassing me with phone calls but I have a WMC lawyer, aren't they suppose to contact him ONLY??

2 Lawyer Answers

A: Yes and no. If the employer is trying to discuss your worker's comp injury, he may be required to find ways to accommodate your needs to return to work. The worker's comp lawyer will handle only the worker's comp matter, unless she also handles workplace harassment matters.

You may need to ask your comp lawyer to refer you to another lawyer who handles workplace harassment.

You don't indicate if you are still working or on disability. That's important information necessary to fully answer a question like this. Full background always helps.

A: Sadly, no. You have an obligation to keep your employer notified of you Disability status; your attorney should be sending your Temporary Disability notices to the employer, but sometimes that doesn't happen. If the employer is telephoning to only curse and you call you names and berate you, your attorney needs to write the employer and insurer that this is to stop immediately and then your attorney needs to keep the employer informed of your Work Status on a regular basis. If you are released to Modified Duty and the employer calls to offer you the work that matches the doctor's work restrictions, that isn't harassment, that is an Offer of Modified Work; if you are offered modified work, the insurer no longer has to pay you any Temporary Disability. So it's necessary for a time to find out why the employer is calling.

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