Legal Question in Workers Comp in California

If your production level for someone doing the modified work you are capable of is low, then yes. An employer does not have to provide light duty work for industrial injury cases, but once having done so can not treat that person any differently then someone doing the same job but without any industrial injury. If he can show there no longer is any light duty available that you can do, he can say you can not come to work until you can do a non-modified job, and you would not receive any salary.

Being an injured worker doesn't create a fire-proof shield. Depending on the situation, an employer may still fire an injured worker. However, if the employee was unjustly terminated, then there may be a wrongful termination/discrimination claim. Please feel free to contact me at 1.877.505.INJURY for a free consultation.

If you can't perform your job due to your injury, the alternative is to be taken off work and receive temporary disability benefits instead of termination. Therefore, you should continue with your worker's compensation case and file a Labor Code 132 (a) petition for penalty. Feel free to call us at 213.388.7070 for a free consultation.