Legal Question in Workers Comp in California

I got injured at work and my employer sent me to the Dr. he said my injury will take anywhere from 3-8 weeks to heal and wanted to write me off of work for 5 days. My question is that if I do get written off work for 5 days will my employer still have to pay me for lost wages?

Asked on 1/20/12, 5:19 pm

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2 Answers from Attorneys


Your employer or the worker's compensation carrier have to pay you temporary disability benefits as long as you are unable to work and as long as your primary treating physician would certify you for disability. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/21/12, 1:06 pm

Nancy Wallace Nancy Wallace Atty at Law


No, your employer doesn't pay you to stay off work. BUT THE INSURANCE COMPANY DOES... after the first 3 days.

That means: you get nothing for three days, then the Insurance Company pays you just 2/3 or your wages for days 4 and 5. (that's our wacky Labor Code ok'd by your State Legislators... intentionally starving injured workers so they have to get back to work before they're healed!!).

This is a pretty serious injury if it takes 8 weeks to heal... maybe you should think about choosing a REAL DOCTOR from the Insurance Company's approved 'Network' (called the Medical Provider Network, the "MPN" for short).

Trouble is, most docs on Comp Insurers' MPN are 'in bed' with the Insurer, so you have to choose your specialist very, very, VERY carefully. That's where a local attorney would best help you, they know the docs in the area who really help workers (and which are more interested in helping insurance adjusters than injured workers).

More Questions: monday i'm at 909-381-2771. Hope that helped some.

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Answered on 1/22/12, 12:36 pm

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