Legal Question in Workers Comp in California

They paid now they say they wont

Hu was hurt in 8/07, my Empl, was paying my hourly wage to go to all my Dr appointments, now they they say they are not going too... and offered to put my ''lost time'' as ''work share'' though unemployment... can they do this???


Asked on 11/27/07, 3:45 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: They paid now they say they wont

If Hu was injured during the course and scope of his employment, he is entitled to be compensated for all time he spends going to medical visits. It is done at the temporary disability rate, which is a percentage of your actual wages with caps on the range [maximum and minimum amounts]. The payment actually comes from the WC carrier and not the employer unless you have a contract providing for it.

I can not tell if they are dropping you as an employee or not; if they are,you would be collecting disability and not unemployment benefits and you would likely be entitled to an increase of 10% if there is an unreasonable delay in providing benefits.

You may not need an attorney yet, but I can not tell because certain fact are not mentioned. You can contact me for further advice. It is also possible that they made an oral contract with you and are not allowed to breach it or you can sue they for the lost wages as damages.

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Answered on 12/25/07, 8:22 pm


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