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  1. #1
    Join Date
    Sep 2008
    Posts
    1

    Default Being Paid for Missed Time at Work

    My workers compensation claim was made in the State of: California

    I was injured at work and have whiplash. The Doctor had me work shorter days in the beginning of my injury and I even missed days. My employer said that I had to use my vacation or sick hours to cover the time missed, though I was neither sick nor on vacation. Is this right? I feel as though they should pay those wages...

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Being Paid for Time at Work Missed?

    neither you nor your employers feelings overrule the state work laws.
    state law provides a 3 day waiting period before work comp disability benefits are paid. once 21 days have elapsed you are entitiled to partial disability for the first 3 days.
    you can find out more from fact sheet C
    http://www.dir.ca.gov/dwc/iwguides.html

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Being Paid for Time at Work Missed?

    Actually TTD benefits are paid in full after 14 days, unless you are hospitalized, in which case the first 3 days are paid..
    4652. Except as otherwise provided by Section 4650.5, no temporary
    disability indemnity is recoverable for the disability suffered
    during the first three days after the employee leaves work as a
    result of the injury unless temporary disability continues for more
    than 14 days
    or the employee is hospitalized as an inpatient for
    treatment required by the injury, in either of which cases temporary
    disability indemnity shall be payable from the date of disability.
    For purposes of calculating the waiting period, the day of the injury
    shall be included unless the employee was paid full wages for that
    day.
    You can find additional Disability Payment information here...http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664

    If your PTP does determine you to be TTD, you should also ask/apply for FMLA, this will protect your job for up to 12 weeks, and continue your ER provided benefits as well.

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