Legal Question in Workers Comp in California
in CA. my wife had a back injury in oct 2010, Herniated disk L4-L5. She worked on and off 2011. Feb 2012 had a microdisectamy. July was forced to return to work, they would not pay her to be off anymore. worked 15 days, in pain. taken off work again by W/C Dr. had a Fusion surgery in Agu 10. Got a Saph infection from the surgery. had another more surgury 30 days later for the infection. had kidney damage from the antibiotics and was unable to continue the the antibiotic therapy. W/C Dr. put her off work through 6-13-13. Work sent her a letter saying only approved to march 21-13. can they make her go back or fire her?
1 Answer from Attorneys
No. However, they may extend her disability until June 2013. Employer can't fire her.It is highly recommended that your wife seek legal representation, since her injury appears to be very serious and the subsequent infection and kidney damage makes her case more complicated because insurance companies will fight and dispute any other injuries (i.e. kidney damage)eventhough it was caused from the original injury. You need to include all these injuries to your claim and application for benefits. Feel free to call us at 213.388.7070 for a free consultation.