Legal Question in Workers Comp in California

Re: Can I apply to a different part of company while on Worker's Comp?

Once you suffer an on the job injury your employment status with that employer does not matter. Yo do not have to continue working for them. You can apply for another position in the company and are still entitled to receive the same benefits as though you were siting at home resting up. It, however,is to your employers advantage to offer you a lighter work position as then they do not have to pay temporary disability if it is at the same rate of pay, although you would have the same work restrictions and same right to medical treatment and permanent disability benefits. It also shows the employer that you are not trying to take advantage of the system. Most employers are unaware that this can be done so yo might need a manager from the WC insurance carrier to back you up in your request.As long as the new work is within your physical abilities, it is better for you to be working as you will not concentrate on your bodily aches and will actually probably recover more and faster. Your not leaving the company also means that their unemployment rate is not effected and they do not have to go through the costs of interviewing candidates for the other position. It would be a "win-win" situation. I used to do the defense of such injury claims so my advise is not from an anti-employer viewpoint.

Re: Can I apply to a different part of company while on Worker's Comp?

you can apply. note that your restrictions will not change. Your benefits will change if you become "re-employed." It is not considered quiting if it is for the same employer. However, there will be a 15% decrease in permanent disability payments if the injury is post 2005. You should ask for a formal job description of the new postion and request your physician to look it over before transferring.