Legal Question in Employment Law in California
how many days do I have to be off from work to claim workmans comp?
2 Answers from Attorneys
There is no set rule. Most employers report only more serious injuries to their insurance carriers and insurance company will not immediately start pay benefits until they investigate a claim and it may take a long time. In the mean time, you should continue your treatment and if the doctor takes you off work, then insurance company has to pay you temporary disability benefits. Feel free to call us at 213.388.7070 for a free consultation.
I agree with the previous answer up to a point. It sounds to me like you might be confusing workmans comp with State Disability Insurance. Workmans Comp is a statutory program that provides mandatory insurance and an alternative to suing the employer for injuries caused by or happening on the job. You don't necessarily have to be off work at all to have a Workmans Comp claim, although most likely you would be. SDI is totally different and provides partial income replacement if you are unable to work for any approved health reason. You need to be sure of which you are talking about.