Legal Question in Workers Comp in California
I was hurt on the job at my 2nd part-time job and not at my full time job.
After being off work for about 6months from both jobs I had to quit my 2nd job due to my injury (I am unable to physically handle both jobs) when it was time to go back to full duty and I am afraid now of losing my full time job.
I need to have back surgery to remove a HNP disc, but I cant because I have used all my FMLA for my full time job. (my boss tells me I am not covered for anything because I didnt get hurt there)
So now, I have to live with excrucating pain until next May/June when I can have my FMLA renewed. What can I do? What rights do I have?
2 Answers from Attorneys
You have a life time award for medical treatment [there is a conference going on this week in San Francisco among back specialists to discuss how effective back surgery is]. Since you were not able to return to work at the second job, if you take time off for the surgery and resting period thereafter,you should get TTD from your second employer.
You have to go after the second employer (where you were injured) and receive temporary disability benefits, paid medical treatment , paid future medical treatment and a settlement for permanent disability benefits. If the insurance company denied your claim for temporary disability benefits, you may receive temporary benefits through EDD under state disability program. This will last you for one year. Feel free to call us at 213.388.7070 for a free consultation.
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