Legal Question in Workers Comp in California
can an employer make you use vacation pay instead of workers comp. My wife sloipped and hurt her back at sea world and the dr they use perscribed percoset, yet said she could return to work sitting only. she was reathing in pain called the doctors office and they told me to tell her to relax. she could hardly get out of bed the next morning, called work and explained that she could not possibly drive in due to the pain and medication.
1 Answer from Attorneys
If you are unable to work because of an injury, you are entitled to temporary total disability pay and can not be forced to use vacation or sick leave [some employers will let you pro-rate sick leave or vacation pay to give you full salary and not just the TTD amount which is normally 2/3rd of salary up to a certain maximum]. With the medication prescribed she probably should not have been driving; she needs to get the Dr. to extend her disability and take into account that sitting all day is not good for the back either.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
