Q: I am on wc through my job still working was just told company wide my job is being eliminated I am on lite duty
There will be two full time positions but my GM told me the only way I can apply is if I get workers comp doctors to release me. I went through physical therapy, and doing acupuncture know and its not working ortho doctor ordered for me to have a MRI waiting for them to call me they told me I will get a severance package and I can get unemployment, been with company 15 years my last day is Dec 9 but will still be on workers comp. my injury is my left shoulder calcium deposit tendinitis. Need to know can I get workers comp pay if not working there or do I have to file for unemployment
A:
The GM is correct, you cannot return to work without a physician's release, or a report giving you permanent restrictions which the employer can meet. The answer to your question is that you should be receiving workers compensation benefits because you have not been released by your doctor. You may still qualify for unemployment so check with EDD to "reserve" those benefits while you are receiving workers compensation benefits. In an abundance of caution you should check to make certain that your position is not being eliminated because you are on workers' compensation, it is a type of discrimination claim. If there are hundreds of employees and your job is the only one being eliminated, then it's probably a discrimination claim. If there are business reasons for eliminating your job, you need to balance the employer's behavior by looking at the benefits of eliminating the position as opposed to keeping you employed.
You should probably seek representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
