Q: Can my Employer refuse to accommodate my permanent work restrictions and not pay benefits after filing WC Claim?
I received a copy of the following memo from City employer: WC Claim has been accepted due to Industrial Related Injury, but we are unable to pay for time lost from 3/18/20 and continue while the division is exploring modified work. At this time the division cannot accommodate and employee will remain off work from the time period listed 2/4 - 6/9, or until accommodations can be made.
This memo was received on 3/21 but was dated 2/4. There was never a meeting to discuss accommodations.
Is my employer allowed to do this? Just DENY accommodations. Not pay benefits.
Any information is appreciated.
A: You should discuss this with your worker's compensation attorney. It is possible that the employer may be engaging in unlawful conduct, which your worker's comp lawyer should be bringing up with the Board. If you don't have a worker's comp lawyer, you need to get one asap.
Maurice Mandel II agrees with this answer
A:
The issues raised in your post involve two different but related areas of law and require review by two different kinds of attorneys. A workers compensation attorney should be consulted if the injury or condition is workplace related. However, separate and apart from the Workers Compensation system are an employer's obligations to engage in an interactive process with you and to provide you with a reasonable accommodation. That involves obligations under the California Fair Employment and Housing Act and other statutes that protect you when you experienced a disabling condition.
Whether your employer has acted lawfully or not will require knowledge of far more information than you have provided in your post. Your smart move would be to first get a Workers Compensation attorney in place to work with you on the workplace injury aspect of your situation. Then you need to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Maurice Mandel II agrees with this answer
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