Legal Question in Workers Comp in California
I worked for a small business doing HVAC, just me and my boss, and was injured almost exactly two months ago. Almost fully recovered but my boss filled my position almost immediately after I got hurt because he can't work by himself and now there is no place for me in the company. Does worker's comp have to help me find a job or are they responsible for any other benefits because of my losing my job? Thanks.
1 Answer from Attorneys
NO, 'Workers Comp' does NOT have to help you find a job. Nobody has to help you find a job.
Are 'THEY' responsible for any other benefits: The INSURER (if that is the 'they' you mean) owes two benefits: (1) Job Displacement Voucher... and (2) 15% Permanent Disability increase.
Supplemental Job Displacement voucher is payable ONLY to an accredited school. It contains zero money for you. There is no code requiring anybody pay you anything while you go to school. Unless you can live on 'air' while you go to school, it's impossible to use.
The Voucher is usually just $4,000 and most schools are about $8,000. It's not payable to the community college bookstore, so it's pretty useless at the local college.
The voucher is based on the amount of permanent disability found in the doctor's words in the report. If one doctor words add up to you 1% permanent disability but the other doc's words add up to 30% permanent disability, you need a Trial before the adjuster knows whether you voucher is $4000 or $8000.
You need to put in writing to the adjuster, fax it and save a copy of the fax transmission (dont mail anything certified to a po box because nobody is there to sign), that you were refused employment by the employer and expect now to receive you 15% PD increase immediately.
SAVE that letter and fax transmission report...you'll likely need it later to get your 15% because she won't just pay it voluntarily if a doc released you to full HVAC duties.
AND you apply for unemployment insurance ASAP.
See why people get a Workers Comp attorney? there's no cash up front and the attorney is awsarded only 15% at the conclusion of the case... a pretty good bargain for managing these ridiculous regulations that have to asserted and proven.
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