Legal Question in Workers Comp in California

I was summoned as a witness in a workers compensation case. Do I get my lost earnings, I had to miss 2 days of work?

Asked on 10/03/16, 11:09 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Sadly, no... I think the Code of Civil Procedure requires the $35 witness fee be paid when the individual subpenaed requests it. The time to discuss lost wages was when you received the subpena ... you could write you cannot afford to miss work so cannot attend trial all day for multiple days, but you can be out of work for 2 hours for that $35 witness fee, and request the specific 120-minute window that attorney will be calling you or pre-payment for lost wages for each date you are being asked to miss work. YOU CAN STILL tell the attorney you are demanding lost wages for the testimony dates...if your testimony assisted the employer, write the company and demand the lost benefits be replaced for missing work to benefit the employer; if it's the injured workers' attorney, you likely won't get a thing repaid.

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Answered on 10/05/16, 1:22 pm

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