Turlock, CA asked in Workers' Compensation for California

Q: I reported a WC injury and was directed to call a company that takes care of our workers Comp claims. It is over the

Phone and on the computer live so you talk to a doctor on the computer screen. I went through all questions with the doctor. He told me to go home so I called my store manager and he did not return my call, I called the Asst. He told me to go home. I had 1 1/2 hours left on my shift. I was told by my store manager I would get paid on my weekly check for the 11/2. He got transferred and it did not get done. I talked to the Asst manager who told me to go home that night. He told me I do not get paid, because I went home sick. I told him, no I told you the doctor told me to go home and you told me to go home. So he will not pay me my 11/2. I know that people of past got paid for their full first day if they were told to go home by the doctor. I work in California and work in a union shop covered by a union contract. So do I get paid or not? If so is the law under WC or Labor Law.

Thank you

DJ

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Sadly, the injured worker IS NOT PAID for the first 3 days of temporary disability following a work injury! IF this injury causes you to lose more than 14 days of work as being found Temporarily Totally Disabled, only then does the adjuster owe you for the three days you lost following this injury. So for most people who are ordered off for 1 or 2 days then return to full duty, they are never paid for that lost time (or use up their personal leave or sick days).

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