Legal Question in Workers Comp in California
I work for a major telecommunications company and was injured. The company doctor is requiring me to attend physical therapy 3x a week for two weeks. I work in a call center and the doctor advised my employer to "take 10 min. prodictive break every hour and do alernate work". My employer advised that they do not have alternate work and instructed me to clock out during that time for an unpaid break. I asked who will pay me and my employer advised me that I have to meet minium time allotments with workers comp in order to get paid. I was also advised that the therapy sessions and follow up doctor appointments cant be during work hours and I have to schedule those on my own time. The employer advised that the office is open 24/7 but I explained that all services are not open.
Is this legal?
2 Answers from Attorneys
No. If you suffer an industrial injury you are entitled to take time off work at full pay for any health care treatment required. Doing otherwise would be discrimination against you because of an industrial injury. There is no such thing in WC as minimum time allotments and you can not be forced to schedule appointments at non-work times. Contact the WC carrier and tell them that they have to tell the employer the law. First speak with someone in HR to see if they have anyone with knowledge of WC so they will straighten your boss out.
No. You probably need to be taken off work and receive temporary disability benefits instead of modified work and going to your medical appointments on your own time. I recommend that you change your treating doctor and you need to be referred to a doctor that will take you off work when you need to be on disability. Feel free to call us at 213.388.7070 for a free consultation.
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