Legal Question in Workers Comp in California
workcomp
I was hurt at work, still under doctor care, was released back to work but going to physical therapy and i was just layed off, can they do that with my case still pending? Can I receive a payment of some sort till I find a job, I still have some pain in my foot which might keep me from finding another job, what are my options?
2 Answers from Attorneys
Re: workcomp
for you the most important question is whether or not the employer formally made an offer of modified work. if you were laid off prior to any offer, then you may have a discrimination claim under LC 132a.
your medical treatment should not be terminated because you are no longer employed unless you have signed a compromise and release.
Re: workcomp
You should file petition for penalties under labor code 132(a). If you are getting treatment with the employer's/insurance company's doctor, most likely that doctor will not recommend benefits such as temporary disability benefits for you. I recommend that you change your treating physician and see if the new doctor is willing to certify you for EDD or worker's Compensation temporary disability benefits. Feel free to call us at 213.388.7070 for a free consultation.
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