Legal Question in Workers Comp in California

My employer has stated that they will not compensate me for the first 3 days of my temporary disability because their workers comp insurance does not cover it. Is this legal?


Asked on 10/17/12, 11:51 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

YES, it is the Labor Code that says the Injured Worker is not paid for the first 3 days...

....UNLESS!!! if you tally up 14 days of Temporary Disability, only then does the Comp insurer (not the employer, but the workers comp insurance company) pay you for those first 3 days.

THAT's what your brilliant elected officials decided was best and fair to the Employers in California... so people hurt on the job through no fault of their own lose three days of wages or vacation if they heal up in 13 days or less.

Elect a different Assemblyman and State Senator next election. A Ham Sandwich would be better than what we have now.

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Answered on 10/18/12, 10:21 am


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