Claremont, CA asked in Workers' Compensation for California

Q: I sustained a work injury and I went to the doctor he sent me back with restrictions job can't accommodate i was put on

Oc leave i don't know what that is or if i will be paid

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3 Lawyer Answers
Haleh Shekarchian
Haleh Shekarchian
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: If your employer can not provide you with modified work then the insurance company has to continue paying you temporary disability payments. Contact anyone of us on Justia for a free consultation ASAP.

Ronald Mahurin agrees with this answer

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

A: Your employer looks at the doctor's words on the Modified Duty Order. Then the employer decides if there is work there that matches those words or if you need to be sent home. IF YOU ARE SENT HOME try to get something in writing from the employer to show to the Insurance Adjuster. The Labor Code says the Insurance Company owes you Temporary Total Disability Indemnity -- 2/3 of your average weekly earnings, before deductions -- but the Adjuster doesn't automatically just start payments. She needs confirmation from the employer that the employer cannot provide work within the doctor's restrictions. IF YOU CAN"T get anything in writing from the supervisor or the boss, it's smart to send a FAX to Human Resources with just a sentence or two: Dear Supervisor, this will confirm that you couldn't find an assignment today matching the restrictions of Dr. XYZ so I was not provided any modified duty assignment, and you will text or email me when you have a matching modified duty assignment". THERE! you just made your own writing documenting reporting for work and being sent home. now the Insurer has to pay you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I agree with what my colleagues have said about WC law. But there could be an additional issue. If your injury constitutes a physical disability you could be entitled to the same benefits as a physically disabled person. If you identify yourself to HR as being physically disabled and request a reasonable accommodation for your disability the employer is obligated to conduct an 'INTERACTIVE PROCESS" with you and your representatives/ physicians / etc. You should contact an attorney in your area that handles BOTH WC and what is called an ADA claim (actually you want to be under state law, the FEHA) If you think that your employer is not providing you a reasonable accommodation, you can file a complaint with the DFEH based on Physical disability discrimination. This will get their attention, but not as much as a letter from an attorney. Expect that things will get harder before they get easier. Keep your WC claim going.

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