Legal Question in Workers Comp in California
Termination and rate of pay
I was laid off less than a week after my work-related injury, is that legal?
I heard that the pay rate for california increased this January from $602 to $740 a week, is that true and if it is, is it a sliding scale if your not receiving the maximum?
1 Answer from Attorneys
Re: Termination and rate of pay
The compensation is based on your average weekly wage prior to injury, which may be why you are getting paid less than the maximum -- sometimes the insurance companies do not properly compute that rate. . . on your other question, it is likely illegal for the employer to fire you, given Labor Code sec. 132a which does not allow an employer to discriminate against an employee based on the filing of a workers comp case; it may also violate CA's family medical leave law, as well as CA law prohibiting discrimination against people with disabilities.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
