Stockton, CA asked in Workers' Compensation for California

Q: Do I still accrue pto while receiving temp disability payments for work related injury?

I was injured at work in January and had to have surgery on my middle finger non dominant hand due to cutting my tenant and nerve in half. I was out for almost 4 months and have been back for nearly 2 months modifies duty.

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

A: Only your employer can answer this. There is noting in the California Labor Code guaranteeing Personal Time Off or the ways in which employers award this benefit. If your employer grants credit toward Personal Time Off for days receiving Temporary Total Disability Indemnity for an on-the-job injury, then yes. If not, then no.

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