Legal Question in Workers Comp in California

Wokers Comp.

I was injured at work and am currently on surgical leave. Am I protected by law to return to my same work when I am released from my doctor's care? My employer is asking me to fill out a leave of absence stating the complete contrary and that my job may not be there when I get back & they aren't obligated to employ me. Is this true/legal?


Asked on 10/21/08, 7:08 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Wokers Comp.

Because your injuries are work-related, you should be put on paid temporary disability not unpaid leave of absence. Your employer is not your attorney who would give a legal advice to your benefit and he does not have your best interest in mind. Call me directly at 213.388.7070 for a free consultation.

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Answered on 10/27/08, 7:19 pm
David Lupoff Law Offices of David B. Lupoff

Re: Wokers Comp.

Mr. Moheban addressed part of your question, I will address the other part.

It is true that your employer may not be able to accomodate your restrictions, therefore, you may not have work when you recover. E.g. You work construction which involves heavy lifting, but you can no longer lift more than 5lbs as a result of your injury. If there are no other positions available, your employer can let you go.

Another way many injured workers lose their jobs is when you settle your case by way of compromise and release. Most often, it is required that you leave your job when settled because the workers' compensation carrier will no longer cover you anymore.

Please contact my office for a free consultation at 818.385.0520.

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Answered on 10/27/08, 7:34 pm


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