Legal Question in Disability Law in California
May be fired
Husband filed WC claim 2yrs ago. He was deemed 25% disabled. Employer complied by laying coushining on floor nd removing husband from body shop duties which entailed climing stairs. He returned to work after a vacation, was called into his bosses office and informed by the Insurance Company that he could not work there anylonger because he has work limitations. The Insurance company threatebned the owner with dropping the employer from coverage if they continue to employ my husband. He was informed he could no longer work there. He is now on leave without pay, pending his Dr.'s re-evaluation and possible statement that he has no limitations. My husband can only be employed if the Dr. states no limitations. My husband is 59 years old. He has worked there for 16 years.
3 Answers from Attorneys
Re: May be fired
This is a good work comp claim. Please call the Law Office or Morrisson and LaRossa. (562)495-1971
Re: May be fired
California law requires employers to work in a "good faith interactive process" to return injured employees to work. The employer must return your husband to work with accomodations -- despite what the insurance company may be telling the employer. This is not just a worker's compensation case -- it is one for disability discrimination -- and may also be an age discrimination matter. Feel free to contact me through my private email. Good luck.
Re: May be fired
IF he can do the essential functions of his job with some reasonable accommodations, he is protected against such discrimintation or firing. He needs to quickly have competent counsel intervene and educate the employer and insurance company. Contact me if interested.
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