Crestline, CA asked in Workers' Compensation for California

Q: I had a injury at work and am seeing Dr. 's .. Do I go to these appointments on my time or on company time?

I'm asking because my employer told me I have to go on my time ..

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3 Lawyer Answers
Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: The choice is up to you. Please note however, that if you take time off work to go to the medical appointments, the WC carrier is not required to provide you with wage loss, so if you are in a tight financial situation it would be best to go on your own time if possible.

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

A: Sadly YES the employer is correct, you are NOT PAID disability payments for going to medical appointments. THE SOLUTION: CHOOSE a treating physician from the insurer's Medical Provider Network -- the MPN -- that will set your appointments before or after work. If the provider you are seeing now sets an appointment during your work schedule TELL THEM 'NO' YOU CANNOT ATTEND at that time, that you cannot afford financial losses to go without income during medical appointments, and you can only attend appointments at times when you are off work.

Joseph E. Richards
Joseph E. Richards
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Santa Ana, CA
  • Licensed in California

A: In California, as of July 2015, employers are required to offer limited Paid Sick Leave (PSL) to most employees.

PSL information may be accessed here: https://www.dir.ca.gov/dlse/paid_sick_leave.htm

For public policy reasons, injured employees are not typically paid disability benefits for the time it takes to visit treating doctors during a regularly scheduled working day. However, employers are able to offer Paid Time Off or Vacation Pay as an added incentive to employees. It is not a requirement for employers to offer Paid Time Off (PTO) or paid vacation, but many do offer it to employees. Check your wage statements to see if there is mention of PTO or Vacation Pay.

With regard to PSL, PSL may be taken in as little as 2 hour increments in many cases. That might be all the time it takes to visit a doctor. It is best to check with your Human Resources department, union representative, or Employment Policy Manual / MOU / Union CBA for more information.

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