Legal Question in Workers Comp in California

in california can a employer lay you off while you are on workman's comp, released to go back to work but with limitations (no lifting).


Asked on 8/28/09, 6:17 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

An employer can not discriminate against an employee because of an on the job injury. If you would have been laid off even if you had not had the injury you would have no claim. But if there also is no work available for someone with your work restrictions and your employer can not really modify the work duties to fit your injuries, the employer would not be forced to create a new job to fit your disabilities.

If you are a member of a union or some type of employee representation group, check with them. There is a slight possibility that your job's personnel department might be helpful.

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Answered on 8/28/09, 11:25 pm


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