Legal Question in Workers Comp in California

is it legal for my employer to take from my personal sick time for a visit to the clinic when i was injured at work?


Asked on 3/01/12, 3:43 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

No. It should be on paid time. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 3/01/12, 5:15 pm
Nancy Wallace Nancy Wallace Atty at Law

YES. There is no rule you get paid for being away from work for industrial injury treatment.

So, if you wanted a regular paycheck with the health insurance and retirement contributions all made in full, you did want to use the accrued sick and vacation time.

SOLUTION: GO TO THE CLINIC before or after regular hours, and if that clinic won't set you for before or after regular hours, swtich clinics.

FURTHER: IF YOU ARE OUT more than 3 days, then the Comp Insurer does owe you for Temporary Total Disability payments for those days away from work.

But, Sadly, the Temporary Disaiblity payments don't cover a one-time visit to a clinic where you missed hours from work and just continued in regular duties with no further time lost. Sucks, but that's the law.

SORRY TO DELIVER THE BAD NEWS.

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Answered on 3/02/12, 1:03 pm


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