Legal Question in Employment Law in California

got hurt at part time job now fulltime job won't allow me to work bec of restric

last i got hurt at my part time job on settlement phase after almost a year fulltime job now won't allow me to work because of my work restrictions. are ther actions justifiable and is it too late for me to avail disabilty or workers compensation?


Asked on 10/30/02, 5:35 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: got hurt at part time job now fulltime job won't allow me to work bec of res

file your WCAB claim within a year of injury or last working at the employer where you were hurt.

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Answered on 11/01/02, 4:41 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: got hurt at part time job now fulltime job won't allow me to work bec of res

Employers are legally required to reasonably accommodate employees with qualified disabilities. This means that despite your disability, you still must be able to perform the essential functions of your job, with or without the accommodation. The type of restriction is very important. If the employer can reasonably accommodate your restriction, without undue hardship to the business, then it must explore with you what is reasonable. However, you must have requested the accommodation, or at least to engage in some discussion over what can be done to accommodate you.

Time deadlines are very important. You should schedule an appointment with an employment law attorney to go over the facts of your case in detail to determine what, if anything, can be done for you.

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Answered on 11/01/02, 4:46 pm


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