Legal Question in Workers Comp in California
If I am on light duty at a current job for a work injury and can not perform my regular work due to the injury, but have been looking for work prior to my work injury and am in the final stages of getting hired at a new company doing the same type of job. Can I get into trouble in any way by my possibly old employeer or by the workmans comp. company?
2 Answers from Attorneys
No. In fact, your old employer should be happy that you are able to find suitable employment because it means the insurance carrier will not be paying any more total temporary disability. However, I should caution you that should the employment not work out with the new employer, or your pain increase substantially with the new employer, the comp insurance carrier is probably going to try and bring in a second carrier for the new employer, which complicates the claim. In other words, you will probably be required to seek representation if the new job does not work out.
You will not fully compensated for your injury because the worker's comp carrier will argue that your injuries were aggravated because of your new job. Feel free to call us at 213.388.7070 for a free consultation.
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