Legal Question in Workers Comp in California
My husband was in a work related accident. The truck my husband was driving had a faulty bed and caused the truck to roll. He has had 3 surgeries and has been off of work for 9 months, He was released to go back on light duty. He is working in the office as a result. He is still having to do physical therapy. His job is making him use his sick time to go to PT. They refuse to pay it. He is out of sick time, so he can no longer go to physical therapy. SInce it is a work related injury shouldnt they be paying for his time? Thanks
1 Answer from Attorneys
Contact the WC carrier adjusting clerk and tell them what is occurring, especially that since he can not go to approved PT he will not get better sooner so more TD will ave to be paid out that the salary he is being charged. Your husband is entitled to obtain medical treatment, including PT, during work hours and not loss any salary. He also is entitled to claim mileage and tolls, etc, for going for health care treatments. Ask the adjuster to be nice and merely tell the employer that they have heard many employers are violating the rules because they are not aware of what is legally required so you are calling some up to be sure they comply with the law, especially since in the long run it costs less money
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