Legal Question in Workers Comp in California

Re: Workers Comp or Temporary Disability

Unless you have direct evidence that your employer caused the heart attack you cannot file for workman's comp. Workman's comp includes temp disability benefits for workers who were hurt on the job and are temporarily disabled. What your doctor was probably talking about was state disability. You need to file a claim with the state for temporary disability benefits. Once your claim is accepted and filed you should get benefits starting on the day you were disabled ie. back benefits. You should then receive benefits until you can either return to work or are declared permanently disabled and go on permanent state disability. Under the Federal Family Leave Act your employer cannot fire you for taking time off for temporary disability and must when you ready to return to work they must give you your old position back, a comparable position, or a position that accomodates and permanent disabilities you may have. File for State Disability immediately because it does take some time for them to process your claim.