Legal Question in Workers Comp in California
Injured on the job & employer doesn't have worker's comp. Company is having me sign a resignation letter, not termination & will pay for a few months of work & medical. I'm officially not employed not. They are hiring an arbitrator to make sure I get a fair amount for a lump sum amount to give me. I haven't been working and will most likely not be able to come back to work. Since they can't legally fire me they said I have opportunity to come back and on paper it looks like I'm terminated. Not sure if I can file for unemployment and I was not able to file for disability for another job as I had two jobs at the time I was injured. Should I agree to their terms of signing papers of resignation & new medical plan for 3 months? Should I have a lawyer represent me as I'm not sure if arbitrator will be on my side? Will signing hurt my chances for unemployment?
1 Answer from Attorneys
DON'T RESIGN!!! that's crazy talk. you will lose 1 year of unemployment benefits. AND you lose Temporary Disability payments when a physician writes you can perform modified duty and the employer claims it would have paid you for modified duty except you quit. Resigning when you are hurt on the job is the silliest, most uneducated option you might consider.
The Uninsured Employers Fund -- UEF in comp lingo -- will provide you with treatment for your injury and Temporary Total Disability payments while a treating physician writes you are unable to work while you are healing from your work injury. You just need to submit the Workers Compensation Claim Form to the employer, and rush to a physician that knows how to write an admissible Workers Comp Progress Report/PHysician's First Report of Occupational Injury. BOOM! if the employer doesn't pay the medical bill and your Temporary Disability, you (well, likely your lawyer) runs to the Workers CompensationAppeals Board and gets an order for that employer to pay, and joins the Uninsured Employers Fund. GET A LAWYER WELL-VERSED IN UEF CASES IMMEDIATELY
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