Legal Question in Workers Comp in California
i injured my self at work
I got injured at my job because of their negligence. My questiion is I am a partimer on the job I got ingured. but i also have a full time job I am not able to return to my full time job who is goning to pay while I am out of work. I ask my full time employer and he said he does not know But he offer to pay me as
vacation .I completly disagree I am injured not enjoing vacation in hawaii, acapulco, or dysnayland. i am in pain in phisical therapy.
2 Answers from Attorneys
Re: i injured my self at work
Have you tried EDD benefits? Because they would pay you based on how much you have put in. EDD benefits are wage replacement while you are treating for your injuries. As far as your full-time employer is concerned, your injury did not happen in the course of your employement with them. If you need representation, call us at 213.388.7070.
Re: i injured my self at work
You can not collect an WC benefits from your full time employer, but you could probably collect sick leave benefits. I do not know if EDD would provide benefits because you are off work from your normal employer when the cause is an industrial injury with another employer, but you can call them to see if they will.
Also find out if they will seek any reimbursement as normally when they are paying disability benefits they will file a lien for full reimbursement as to any Workers' Compensation benefits you get. Assuming you do not make enough to qualify for the maximum TD rate from the part time job, you need to find out if you can successfully argue that your total wages should be included [the carrier will probably say no because they are collecting premiums based upon your lower rate of pay.
Why are you so angry with your full time employer?
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