Legal Question in Workers Comp in California

injury outside of work, can the employer refused to give light work to the injure? when the doctor approve to back to work with restrictions?


Asked on 12/28/12, 7:07 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

An employer as no obligation to provide a special job for which you were not hired (whether the cause was an on-the-job injury or a non-industrial injury).

If you are PERMANENTLY restricted and fall under the Americans With Disabilities Act, if there can be a 'reasonable' accommodation, the employer is required to offer a permanently-modified post matching those PERMANENT restrictions.

Given you are TEMPORARILY PARTIALLY DISABLED, just apply for STATE DISABILITY INSURANCE through the EDD and finish healing quickly, then get released to full duty quickly before your employer is forced to replace you.

www.edd.ca.gov lets you apply for SDI quickly online.

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Answered on 1/09/13, 9:27 am


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