Legal Question in Workers Comp in California

on return back to work from workerscomp as a truck driver do i get my old route back or what ever is open


Asked on 7/05/18, 12:57 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

It depends. If they pay the same, likely whatever is open. If you were MY client, I would remind the employer in writing -- usually twice -- that discriminating against an injured worker because he requested workers comp benefits is a misdemeanor crime under Labor Code 132a and switching routes just because you got hurt would be a violation of 132a, Not certain if a WCAB Judge would agree, but i'd put it out there to 'inspire' the employer to put you back in the old route.

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Answered on 7/06/18, 10:24 am


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