Legal Question in Workers Comp in California

No. However, there are several issues that should be addressed. For example, if your father had a known injury, the employer is required to try an accommodate him in order to comply with the Americans with Disabilities Act, ADA. He should immediately get a physician to state he is unable to work without restrictions and apply for State Disability because there is no job available. He sould also get an attorney because post termination claims are messy. Lastly he should consider filing comp claims for his work injuries, and perhaps even file a discrimination claim depending upon circumstance.

He is entitled to temporary disability benefits or state disability benefits. He should file a WCAB application and claim or retain an attorney to do this for him. Feel ftree to call us at 213.388.7070 for a free consultation.

So, perhaps a bit more comprehensive:

Your dad would

1) have a claim for workers compensation benefits, based on the repetitive stress causing his injuries;

2) he might have a claim for discrimination based on the CA family/medical leave act and/or the CA Americans with Disabilities Act; Under the FMLA employers are required to provide employees with unpaid medical leave for serious medical conditions; the ADA would also require the employer to provide a leave of absence, as long as that leave is not indefinite -- the ADA might also require the employer to modify the job -- if such a modification can be accomplished reasonably -- this is very fact-intensive -- the reasonable accommodation question is complicated, and cannot, in most cases, be answered simply. The CA ADA also requires the employer to engage in a good faith attempt to return your dad to work.

3) he might be able to apply for disability -- either under his employer's disability plan, or under federal and state law - SDI and SSI.

4) If he is a union employee, he might want to file a grievance.

5) There might be other issues -- e.g., wages not paid properly (improperly salaried and owed overtime, not paid the proper rate, not paid overtime, etc.), vacation not paid out, lunch breaks not given -- which might apply.

Bottom line -- he should talk to an attorney. Good luck.

Alden Knisbacher

www.knisbacherlaw.com

415-522-5200