Legal Question in Workers Comp in California

Time Limit In Order to Retain Same Job

On a workers compensation injury, can a company limit you to 16 weeks time off to retain your present job, otherwise you would have to return to a similar job, i.e., different work group, different supervisor? Also, if you return to work in less than 16 weeks and you need to take off time again for the same injury, can the company limit you to the remander of the 16 weeks over the next rolling year or else the ''similar job'' aspect kicks in? If needed, can further time be taken under FMLA and be paid under state disability?


Asked on 1/29/02, 12:27 am

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Time Limit In Order to Retain Same Job

There are no laws regarding time limits to retain your job unless you believe that you are being discriminated against for filing a worker's compensation claim. Business realities allows employers to fill positions that injured workers can no longer perform, but arbitrary time limits may be discriminatory. You would be well served by obtaining representation. The worker's compensation system is very adversarial; unrepresented workers do not get the full value of their claim. Attorney's fees are only 9 to 12% of the award or settlement and obtaining an attorney can increase that amount by ten fold. This is a matter for which an experienced hand in legal strategy in needed. Don't try to go through this by yourself, get the results that you deserve. Please call me directly at (619)222-3504

Read more
Answered on 2/07/02, 11:33 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in California