California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Aug 2008
    Posts
    3

    Default Termination While on Workmans Comp

    i was injured on the job in 2006, since then i have been paying my insurance prem. through my employer for my childrens med. &dental coverage, i recieved notice that the insurance for my children has been stopped, due to my employer terminating me this month, my question is ,is there a time limit to which my employer has ,till they can terminate me, my workmans comp. case is still pending,thank you very much, injured in calif.

  2. #2
    Join Date
    May 2007
    Location
    Calif
    Posts
    483

    Default Re: Termination While on Workmans Comp

    Welcome to the forums. It appears that your injury happened about 2 years ago.

    If you work for a large company ie 50 or more employees then they MUST engage in the interactive process when you are ready to RTW [return to work] on the other hand if you work for a small company they have no obligation to keep your job for you while you recover.

    Since your employer offered group health coverage, they must also provide you with COBRA, and should be informing you of your rights regarding continuing medical coverage for 18 months. COBRA is not cheap and you might be able to find alternative coverage at a discount. Your employer MUST and IS REQUIRED to provide to you evidence of COVERAGE. That being the coverage they just terminated.....you have a certain amount of time to either elect Cobra or seek out other coverage based on the guidelines of HIPPA. You are guaranteed the right of continuing coverage but with whom and for how much is the question.

    I'm sure BvIA or Charles will be along soon to give you the indepth details.

    Perhaps more information will be needed to give you a more accurate reply.

    There is a lot of information to learn when we become an IW, as the work comp system is nothing that we have ever dealth with before, it will be a full time job for you.........

    Best wishes.....Roofs wife.......

  3. #3
    Join Date
    Aug 2008
    Posts
    3

    Default Re: Termination While on Workmans Comp

    thank you fro your input on this issue

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Termination While on Workmans Comp

    You have employment rights under EEOC/ADA rules..http://www.eeoc.gov/policy/docs/workcomp.html, as well as the Calif labor code...(server is down right now...)

    While the 15% +/- in PD is governed by the 50 EE rule...Im not sure the interactive process is the same...

    Under FMLA rules, your benefit runs concurrently with TTD as a rule..that would protect your job/benefits for up to 12 weeks... looks like you're past that one..
    ,is there a time limit to which my employer has ,till they can terminate me, my workmans comp. case is still pending,
    While the ER can replace you in your pre injury job, there is no law that says they must keep it open... there are laws that protect your right to ''some job'' even if a ''reasonable acommodation'' is necessary to bring your back to work.

    Here are RTW rules under DWC...http://www.dir.ca.gov/DWC/educonf15/...esentation.pdf, more here...http://www.dir.ca.gov/dwc/educonf14/...A_FEHA_RTW.pdf

    Your ER should have notified you of your benefits under FMLA at the time you were determined TTD by your PTP...here is some information about your rights under FMLA...http://www.ppspublishers.com/articles/fmla.htm
    4. Should the employer give the employee any special notification under the FMLA?

    In order to deduct the time spent on WC leave from an employee’s annual FMLA leave entitlement, the employer must notify the employee in writing that the WC leave is designated as FMLA leave and will count against, and run concurrently with, the employee’s 12-week entitlement. The notice to the employee must detail the specific obligations of the employee while on FMLA leave and explain the consequences of a failure to meet these obligations. Most employers use the Department of Labor’s Form WH-381 to comply with these notice requirements. If the employer does not provide the notice, it cannot count the WC leave towards the 12-week FMLA entitlement. Therefore, the employee may be entitled to an additional 12 weeks of FMLA leave at a later date.
    If the employee has been on WC leave without being placed specifically on FMLA leave, the employer should send notice to the employee immediately so that the FMLA clock starts running. However, the employer may then only designate the leave from the date written notice to the employee is provided. It cannot retroactively designate the time spent on WC leave against the FMLA entitlement.
    IF you were not notified in writing of your FMLA entitlement, you could begin the 12 weeks now...(?)

  5. #5
    Join Date
    Aug 2008
    Posts
    3

    Default Re: Termination While on Workmans Comp

    i was given notice, and my employer was given the option to take me back, but i was given notice that they didnt have a position for me,

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Termination While on Workmans Comp

    4658 (3) (A) If, within 60 days of a disability becoming permanent and
    stationary, an employer offers the injured employee regular work,
    modified work, or alternative work, in the form and manner prescribed
    by the administrative director, for a period of at least 12 months,
    and regardless of whether the injured employee accepts or rejects the
    offer, each disability payment remaining to be paid to the injured
    employee from the date the offer was made shall be paid in accordance
    with paragraph (1) and decreased by 15 percent.
    If no work thorugh the interactive process, you are entitled to the 15% increase in your PD indemnity payments...
    You are also entitled to the SJDV/voucher...there is no more VR...

    Did you engage with the ER in the 'interactive process'', ? and make the reasonable acommodation if necessary..?

  7. #7
    Join Date
    May 2008
    Posts
    329

    Default Re: Termination While on Workmans Comp

    BvIA, about the 15% increase in TD payments, I went to the I@A officer, and he said that the 15% is only a number, and that the judge was the one to decide if I was entitled to that, and only at the end of the case, it does not change my bi-weekly payment amount.

    Was I lied too?

    'Cause if I was, they have been under paying me my TD for the last 2 years.

    I am getting 400 every 2 weeks, I believe the max in CA is 220 a week, or 44 bi-weekly.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Termination While on Workmans Comp

    ...shall be paid in accordance
    with paragraph (1) and decreased by 15 percent.
    See the word ''shall'', that means ''shall'' not maybe or at the descretion of...

    The I&A officer is either not familiar the the rule, or is mis quoting the labor code.
    The judge doesn't make the award on the 15% plus/minus.
    This is determined by the ER making a valid offer of RTW, or not...
    (2) If, within 60 days of a disability becoming permanent and
    stationary, an employer does not offer the injured employee regular
    work, modified work, or alternative work, in the form and manner
    prescribed by the administrative director, for a period of at least
    12 months, each disability payment remaining to be paid to the
    injured employee from the date of the end of the 60-day period shall
    be paid in accordance with paragraph (1) and increased by 15 percent
    .
    This paragraph shall not apply to an employer that employs fewer
    than 50 employees.
    it does not change my bi-weekly payment amount.
    The amount of the increase/decrease SHALL be FIFTEEN PERCENT...not UP TO 15%...
    And, the code is clear from what I read..."each disability payment''...
    So I would say the I&A officer 'lied'....just misinformed maybe...
    There are many claims where the plus/minus should be applied before ever going to the judge ...MSC/Trial..

    Now if the I&A officer was refering to the SJDV...that is determined by the % of PD, and is awarded by the judge at the resolution of your claim...the voucher is ''up to'' vs a set figure.

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