Legal Question in Workers Comp in California

My employer will not pay for my time off for doctors appointments, testing, etc., related to my claim. However, they insist I make the time up either by working late on the day I had the appointment, or making up the hour(s) on Saturday of the same week. What if I am unable to work overtime? I understand I cannot use my sick time, nor do I feel I should have to-I believe it would be illegal. I am sure that's why they insist I must work the OT. If I don't put my full 40 hours in, I am told I may lose my benefits package. I am in California. Thanks for your response.


Asked on 1/27/10, 5:36 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Your employer is in violation of the California WC laws. An injured employee is entitled to be paid for the work time missed in order to obtain medical treatment, testings, etc. Contact the WC insurance company adjuster assigned to your case to have them contact the employer so they can reimburse you for the time they did not pay [you would be entitled to ovretime for the additional hours you had to work]. You are also entitled to get mileage,parking fees, tolls, etc. from the WC carrier. You must be treated as though you did not suffer the injury and time off work; ending any of your benefits subjects your employer to a penalty.

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Answered on 2/01/10, 5:51 pm
David Lupoff Law Offices of David B. Lupoff

There are very serious issues laced throughout your question. Not only is your employer clearly in violation of workers' compensation law, but you may have cause to file a Serious and Wilful should your injuries worsen (Serioius and Wilflul? What's that??)

You must be compensated for your time off at the Temporary Disability rate (Temporary Disability rate? What's that?)

Forget about speaking to the adjuster, contact my office for a free consultation. Afterwards, then you can decide whether or not you feel like continuing your relationship with the adjuster. My toll free number is, 1.877.505.INJURY. I'm going to be in court all day tomorrow, but if you call my office, they'll forward your telephone no. to me and I'll give you a call back to answer the above "What's that" questions.

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Answered on 2/01/10, 9:58 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

FEEL FREE TO CONTACT MY OFFICE AT 213.388.7070 FOR A FREE CONSULTATION.

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Answered on 2/02/10, 1:43 pm


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