California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Mar 2007
    Posts
    30

    Default Comp Benefits and Part-Time vs Full-Time Employment

    A family member who works p/t injured her knee at work. She goes to Dr. appts. for it, and her work is now telling her she needs to make her appts. on her own time ? Are they playing hardball with her ? Thx for any info.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Part timer get similar benefits as Full time ?

    No. There is no law that requires the ER to pay you for attending doctors appointments.
    IF you cannot work due to your injury, or can only work limited hours you may be eligible for TTD/TPD...Temporary Total Disability, or Temporary Partial Disability benefits.
    You should discuss with your doctor what if any restrictions/limitations you should have due to your work related injury. If your ER cannot accomodate you or offer modified job duties, then you would be eligible for these benefits.

  3. #3
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Part timer get similar benefits as Full time ?

    K9apple with a partime schedule your relative needs to try to make medical appointments around the work schedule. I could see it if the schdule was FT as most docs don't have after hours apts. I don't think it is what you would call hardball at all.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  4. #4
    Join Date
    Mar 2007
    Posts
    30

    Default Re: Part timer get similar benefits as Full time ?

    Even though she's considered p/t , I know she's been working 8 hr days 3 to 4 days at a time, then 4 to 6 hrs the other days. I dont see why they couldnt allow her the last hour of the work day , since it was job related injury. But anyways thanks for the info !

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Part timer get similar benefits as Full time ?

    The law does provide one day of temporary disability for every day needed for treatment. Have her keep track of her treament hours and then apply for TD when it gets over 8.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Part timer get similar benefits as Full time ?

    If your family member continues to work after an injury, TPD, Temporary Partial Disability payments are paid as follows...

    "Labor Code section 4657. In case of temporary partial disability the weekly loss in
    wages shall consist of the difference between the average weekly
    earnings of the injured employee and the weekly amount which the
    injured employee will probably be able to earn during the disability,
    to be determined in view of the nature and extent of the injury. In
    computing such probable earnings, due regard shall be given to the
    ability of the injured employee to compete in an open labor market.
    If evidence of exact loss of earnings is lacking, such weekly loss in
    wages may be computed from the proportionate loss of physical
    ability or earning power caused by the injury."

    The ER can require that doctors appointments are made on your own time. There is no requirement for you to be paid for time to see your doctor.
    Benefits are paid upon declaration by your PTP that you are either TTD or TPD.

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