Legal Question in Workers Comp in California

I have a workers comp claim that was accepted for Asthmatic reaction to perfume in work environment. I was sent home to work as a telecommuter in 2016. Now my job is eliminating the team I work on, and we are being placed in different positions. I will now be required to work from the office for training, however my job is giving me a hard time related to providing me a position. Where do I have rights under workers comp? I don't really have interest in lawsuit, I just want my job and to be able to breath safely.

Asked on 12/04/18, 10:04 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

There are not actual "Rights" in the Workers compensation Act in the California Labor Code. When the parties in a workers compensation claim agree IN WRITING in an APPROVED SETTLEMENT document that you will be provided with permanently modified employment, you can show this written agreement to Human Resources if the employer fails to abide by the exact terms of the written agreement. If the written agreement is silent or you failed to obtain any written settlement or agreement on the terms of the permanently modified employment, you will have to get a final, rateable, admissible Medical Report outlining what permanent work restrictions you have. KEEP IN MIND, YOU COULD LOSE YOUR JOB OVER THIS. If an employer hired you with zero permanent work restrictions then later you developed permanent work restrictions that the employer cannot reasonably accommodate, the employer could terminate you. You may have an action under the Americans With Disabilities Act or via the state Fair Employment & Housing (FEHA) but that gets you a lawsuit, not a paycheck. There is NOTHING workers comp laws guaranteeing you a permanent position free of any perfume.

Read more
Answered on 12/04/18, 11:37 am

Related Questions & Answers

More Workers' Compensation Law questions and answers in California