Legal Question in Workers Comp in California

If you were a full-time employee, the fact that your employer is not permitting you to return to work with no restrictions may be a violation of Labor Code section 132a which prohibits unlawful discrimination against injured workers. It may also be a violation of the California Fair Employment and Housing Act (FEHA) as well as the Americans with Disabilities act. I strongly encourage you to consult with a workers' compensation attorney in your area. The consultation is free. In addition, you should consult with an employment discrimination attorney to determine if your state or federal rights are violated.

If your doctor has not determined that you a permanent and stationary, you should continue to receive temporary disability benefits for a maximum of 104 weeks from the date you first received them, if your employer has not returned you to work. If your employer has returned you to less hours than you had at the time of your injury, you may be entitled to temporary disability benefits for the lost income.

You may also wish to deliver a letter to your employer reminding her that you have no work restrictions and are able to return to work and that you wish to return to work as soon as possible. Keep a copy for yourself. Your employer could not then later say that you did not wish to return to work.

Good luck!