Legal Question in Workers Comp in California

can you be terminated while under a physicians care


Asked on 8/31/09, 9:38 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You can if it is for reasons unrelated to your claimed on the job injury. An employer is not allowed to discrimiate, however, based upon an industrial injury. If the company is laying off employees as an economic measure because of decreased revenue, you could be fired [but the days you were off because of the WC injury should be treated as your actually being at work so you do not lose any seniority or benefits. Most employer and claims adjusters do not know this and fail to prevent discriminatory practices.

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Answered on 8/31/09, 11:47 pm


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