Legal Question in Workers Comp in California

I injured my wrist two months ago using a drill which I was never trained to use, so I am now working light duty. (I had only been employed for two months prior to my injury). The company only pays light duty if there is work to be done, if not, I am sent home and not paid. I am making less than minimum wage due to the situation and I am asked on a constant basis "when are you going back to work?" almost to the point of harrassment. Since my training consisted of, "here you go, learn on your own", and my injury was related to this inadequate training, is there anything I can do? I am also the only female at this company's site and have had to endure the negative comments about my injury, from both co-workers and supervisors, and at one point, the manager of the site. What are my options?


Asked on 11/23/10, 8:09 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

During the time you are not working you should be receving temporary total disability payments. As to your employer, you are limited to the Workers' Comp. claim. You could complain to Cal OSHA but that will not result in any money or other benefit to you [and will not put you in good graces with your company]. You could claim a hostile work site but what are your damages and the negative effects of bring a cilvil complaint or lawsuit? Tell someone up the chain jof command who you think wil listen to you as to the childish harassment that is going on and that the company should do somethilng about it as it will only result in resentment and decreased job efficiency.

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Answered on 11/28/10, 8:55 pm


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