Legal Question in Employment Law in California

My son 18 was at work Tuesday and cut his finger he needed stitches and a splint. His boss didnt have him go get it checked out, he came home after working all day and we realized he needed stitches for it to heal correctly and quickly. Today he went in to work and tell told him he was suspended until further notice. As they investigate. can they do that suspend him for getting hurt on the job?


Asked on 2/04/10, 1:34 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

The injury of your son should be covered by the employer's workers compensation policy. If the employer doesn't have a workers compensation insurance, your son will have a regular injury claim against his employer, unless the injury was not inflicted in the course and scope of the work.

It's not clear why he was suspended and what is the employer's reason for suspension. If the employer tries to retaliate against an employee for sustaining an injury, that is illegal and grounds for action, but more facts are needed to determine that. Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com

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Answered on 2/09/10, 6:51 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You should file a claim and WCAB application against your employer. If your employer tries to fire you or extend the suspension, then file a motion for penalty under Labor Code 132(a), Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/09/10, 10:34 pm


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