Legal Question in Workers Comp in California
will not let me work
i worked for a large company and was hurt dec. 17 2002 at work i filed a wrokmans comp claim still pending and it was accepted for a week mid way through and one week later a denialthey paid me 500 dollars on jan 13 2004 my doctor said i could work 3 days a week or 4hrs a day to a max of 20 hrs no lifting over 25 lbs no kneeling they sent ma a certified letter saying exactly this ''we recived your doctor's note dated jan 13, 2004, saying that you can return to worh with modified duties this is to inform toy that we do not have a position avalible within your restrictions please continue to submiy dr. notes on a regular basis until your released to regular duty
are they aloud to do this it is sales there is a position i know it i was a manager at one time.
1 Answer from Attorneys
Re: will not let me work
That sounds very close to an illegal policy. In California the employer is required to engage in a "good faith interactive process," to work towards returning you to work within your restrictions -- this would include modifying the job, allowing you to work part-time, and transferring you to another open position. It sounds like in this case, the employer made a decision on its own without exploring any alternatives that might exist. It would make sense for you to work with a lawyer to create a record that you are attempting to obtain modified duties. A lawyer can always sit in the background, drafting letters under your name, or you could involve the lawyer directly with the employer. If you do not wish to involve an attorney, make sure that you send them letters -- C.O.D., suggesting accommodations that would allow you to return to work -- and see how they respond.
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