Legal Question in Workers Comp in California
is it legal for my employer to take from my personal sick time for a visit to the clinic when i was injured at work?
2 Answers from Attorneys
No. It should be on paid time. Feel free to call us at 213.388.7070 for a free consultation.
YES. There is no rule you get paid for being away from work for industrial injury treatment.
So, if you wanted a regular paycheck with the health insurance and retirement contributions all made in full, you did want to use the accrued sick and vacation time.
SOLUTION: GO TO THE CLINIC before or after regular hours, and if that clinic won't set you for before or after regular hours, swtich clinics.
FURTHER: IF YOU ARE OUT more than 3 days, then the Comp Insurer does owe you for Temporary Total Disability payments for those days away from work.
But, Sadly, the Temporary Disaiblity payments don't cover a one-time visit to a clinic where you missed hours from work and just continued in regular duties with no further time lost. Sucks, but that's the law.
SORRY TO DELIVER THE BAD NEWS.
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I'm 66 years old, I have "Longshore and Harbor workers' Compensation"... Asked 3/01/12, 10:58 am in United States California Workers' Compensation Law