Legal Question in Workers Comp in California

How many hours are emloyers required to pay employees that leave work early when working modified duties.


Asked on 9/29/11, 11:47 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Employer pays ZERO when you leave work early.

That employer's Workers' Comp Insurance carrier pays 2/3 of each missed hour.

For example, if you are paid $12/hour, and you work 6 hours but lose 2 hours, you've lost $24 that day; so the Comp Insurer owes you 2/3 of that lost $24, just $16.

So you are not paid in 'hours' but in Temporary Partial Disability payments for each lost hour.

The REAL challenge is documenting how many hours are lost and proving you delivered the documentation to the insurance adjuster.

I tell my client's doctors to take them off work completely rather than release to modified work with limited hours because the injured worker loses gas money and meal money but only gets 2/3 pay, so they lose a lot of money and don't get well faster.

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Answered on 10/10/11, 10:24 am


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