Legal Question in Workers Comp in California
Injured at work and lost my job
after an AME determined my injury to be 100% due to my job I was given restrictions, I submitted my request for reasonable accomodation based on my restrictions and was advised that there was no longer a position for me. I know for a fact that my position has not been filled. what are my rights? where do I go from here? my W.C. attys focus does not seem to include the fact that I lost my job and the retraining voucher I was offered only allows limited courses which would invlove me performing jobs with the same if not more of the restrictions I have now. Do I have a civil case?
2 Answers from Attorneys
Re: Injured at work and lost my job
Your workplace is supposed to "engage in a good faith interactive process" to return you to work. They are required to attempt to accommodate you so that you can continue to work. This means that they have to try and remove tasks that are too difficult for you to do, and possibly reassign you to another position. It sounds like your employer did nothing to try to accommodate you. The answer to your question will depend upon the type of job you have, the restrictions that were imposed, and whether there is an accommodation that is "reasonable" under the law. California law is a lot more pro-employee in this area than other places. Feel free to contact me at my private email with all of the details. Good luck.
Re: Injured at work and lost my job
You are experiencing the 2004 changes in Vocational Rehabilitation. I suggest that you speak with a Labor Law or Employment Law attorney regarding a civil case. Note the matter must be presented to the FEHA before going to a civil court. Within the WC arena about the only possible remedy would be a 132(a) petition for discrimination.
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