Legal Question in Workers Comp in California
I was just injured on the job but my last day of work was the day after I go injured. The job I was injured on does not have work for me during the summers, but I had planned to do a different job for the summer and now I am unable to...do they have to help compensate?
2 Answers from Attorneys
Yes you should be still be able to receive temporary disability benefits and a settlement for future medical and permanent disability. Feel free to call me at 213.388.70i0 for a free consultation.
Possibly NO; maybe at a Trial you could prove you get earnings every summer, and a judge would agree that this summer would have been no exception.
But the Labor Code does NOT require insurers to provide TTD benefits for seasonal employees during seasons they do not work.
SO; YOU NEED AN ATTORNEY BECAUSE YOU WILL NEED TO PROVE (check stubs, w-2s, witness testimony) that you are NOT a seasonal worker but actually work year-round.
ALSO, NO TEMPORARY DISABILITY MONEY is due unless and until a physician on the comp insurer's Medical Provider Network -- MPN -- writes you are temporarily totally disabled.