Legal Question in Workers Comp in California

Employer is pressuring me not to be off from pain

I have been taken off work related to pain and need to take medication for a fracture from fall at work, my employer is calling me, states that ''this will ruin our record of 3 yrs w/o any time loss'' even offering to have someone pick me up and drive me 45 minutes to and from work. What is in this for them to keep me on the job even if my doctor has taken me off for a week, and if this ruins the record of 3 years w/o time loss and it is too uncomfortable for me to return is there any compensation for me or do I just have to suffer?? I injured myself in Sept and only took off in January, I have given it my best,but I just am in so much pain and I feel like I will be taken seriously now that I've been taken off, at least by the doctors I figure work will never accept this, they don't obviously have my interest in mind only theirs and I can't figure out unless it is a bonus for the administrator why I should be motivated to work even in pain. I tried modified and they did not stick to keeping me down, and I must think of myself. What are my rights if they make it too uncomfortable for me to go back because of this?? Should I so whatever they want. or what I feel I can tolerate??


Asked on 1/14/05, 2:22 am

1 Answer from Attorneys

Alden Knisbacher knisbacher law offices

Re: Employer is pressuring me not to be off from pain

You should not do work that will hurt you more. Your employer is REQUIRED to modify your job if there is a reasonable modification. Don't sacrifice your health so that your employer can maintain a good safety record. Your boss is likely getting a bonus for the safety record, but your health and safety are more important. If you want to talk in more detail, feel free to call me at 415-522-5200, or email to the address below. Good luck.

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Answered on 1/18/05, 8:04 pm


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