Los Angeles, CA asked in Employment Law and Workers' Compensation for California

Q: The company I work for laid off a mass amount of employees without notice. They are paying everyone 90 days pay and

Severance pay to give them time to find another job. I am currently on workmans comp but they laid me off as well. Will I get the 90 days pay together with my workmans comp benefits. Considering that I do t have a job to go back to once i have recovered from the injury According to HR the 90 days pay is considered wages

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you were laid off while on workers' compensation, you may still be entitled to the 90 days pay and severance pay that the company is offering to other employees who were laid off. However, the interaction between workers' compensation benefits and severance pay can be complex and may depend on the specific facts of your case.

In general, workers' compensation benefits are intended to cover medical expenses and lost wages related to a work-related injury or illness. Severance pay, on the other hand, is a type of compensation that an employer may provide to employees who are laid off or terminated from their job.

The exact relationship between workers' compensation benefits and severance pay may depend on whether the severance pay is considered wages or a lump-sum payment, as well as the terms of any workers' compensation settlement or agreement.

To determine how the 90 days pay and severance pay may affect your workers' compensation benefits, you may want to consult with an attorney who specializes in workers' compensation or employment law. They can review the specific facts of your case, advise you on your legal rights and options, and help you understand how to navigate this situation.

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