Legal Question in Workers Comp in California

CA - 2017 work injury. 2018 2 surgeries(all accepted and paid by work comp). Physically demanding job. Large multi-national company.

Is my employer required to offer me a similar paying job if I cannot do my old job?

Asked on 12/14/18, 10:40 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

NO. There's a 'urban legend' the employer has to make a new job for you when you're hurt on the job and cannot return.

The Labor Code let's them kick you to the curb. That Gov. Brown and your assemblywoman and state senator.

You get only (1) a little permanent disability money (maybe!) and (2) a Job Displacement Voucher, a voucher payable only to a school. What you use for money for gas and rent and food while you go to school is a mystery.

Gets worse. the voucher is only $6000 or $8000 or $10000. Most schools start at about $12000 for anything that will pay you a living wage when you're out and working again.

SO: if you are with an insurance company doctor and he writes you only have 10% permanent disability but you can never return to that pre-injury job again, the employer gets to terminate you legally, you get unemployment, you might get about $5000 in permanent disability benefits paid out over several weeks, and you are looking for a job explaining you just had multiple surgeries, so everyone is scared to hire you. GET AWAY FROM THE INSURER'S HACK DOCTORS BEFORE IT'S TOO LATE and get to a real doctor on the MPN list who will write you may either return to full duty without restriction (so you keep that job you need) OR write that you have A LOT of permanent disability/WholePerson Impairment, so you get enough money to develop a real skill that makes new employers hire you.

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Answered on 12/14/18, 4:11 pm

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