Q: Can you be cut off worker's comp if you are laid off?
I have a friend who was laid off work today, he is on worker's comp for an injury, had surgery and the doctor will not be releasing him for 6 weeks. He was let go today due to poor snow year and they are apparently telling him that he has no more benefits. He is under a lease and may have to move out early due to being cut off worker's comp, if so he will not have money to pay rent. Is that legal? I was under the impression that even if your employment ended worker's comp benefit would continue until you had reached maximum medical improvement. I have not practiced in California for many years but I am pretty sure that was the rule then, I know worker's comp underwent some changes since I have been there, but it does sound right that you can be laid off and your worker's comp benefits end.
A: Workers Compensation is NOT an 'employment benefit'. Workers compensation is a set of laws requiring the employer to compensate an worker for on-the-job injuries, whether or not the employment relationship ends after the date of injury. Employers are required by law to carry insurance, so 99.9% of injuries are 'administered' by workers comp insurance instead of working through an employer. The insurer is required by law to pay TOTAL TEMPORARY DISABILITY indemnity payments to any worker partially disabled who is denied modified duty due to a lawyoff. This friend won't get a nickel unless and until demands for TTD payments are put in writing to the insurer. WHEN he is finished with his healing process and is found to be at Maximum Medical Improvement, only THEN does he apply for Unemployment Insurance. Either way, he can get income if he just puts his position in writing to the correct administration. AND IF he cannot do that, HE NEEDS A WORKERS COMP LAWYER to do it ASAP.
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