Legal Question in Workers Comp in California

I work for a company that has, by way of job performance reviews, put me into doing job functions that I am not (as ordered by a Dr.) to do, this has lead to a second injury and cause the company to put me on a leave of absence effectivly cutting off my benifets (medical, dental ect) I am reciving workmans comp and I know that the pressure to do these extra duties have contributed to the injury. what can I do?

Asked on 11/08/10, 12:06 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Go to HR or who ever manages the medical, dental plans and point out to them that an employer is not allowed to discriminate against an employee because they suffered a WC injury, they must treat the employee as though they were still at work [so you should be earning sick leave and vacations days while off], so you want the employer contibution to the medical, etc. plans reinstated [and you will not pay any portion the employee normally would because you had no benefit of the insurance]. point out that you can go to the WCAB and ask for a penalty for the termination of employee benefits.

If you are not on WC now, you need to get a Dr. to say you suffered either a new industrial injury or an aggravation of the old one. You probably need to hire an applicant's attorney to help you. You likely will not be successful as to the firth paragraph until you get them to agree you are off on WC and not leave.

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Answered on 11/16/10, 1:07 pm
David Lupoff Law Offices of David B. Lupoff

You need to find an applicant's attorney in your area to help you out. I'm in Encino (Los Angeles area). You may have a "serious & willful" cause of action against your employer. If you are reasonably close to me, please contact me at 877.505.INJURY.

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Answered on 11/16/10, 3:17 pm

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