Legal Question in Workers Comp in California
I would like to know if workers comp claim has been filed, is it legal to have the claimant use their own accumulative time for follow-up and therapy appointments?
2 Answers from Attorneys
When going to and from and being at medical appointments or examinations, injured workers who are back at their jobs earn their normal salary. To do otherwise would be discriminating against the employee because of their on the job injury. Some employers will allow their employees to use their accumulated sick leave and vacation time to suppliment their temporary disability payments; unless there is a contract provision to do that, it is entirely up to the employer to decide whether that is done or not.
It should be on employer's clock otherwise must be paid. Feel free to call us at 213.388.7070 for a free consultation.