California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Mar 2011
    Posts
    7

    Default What Are My Rights if I Have an Open Workers Comp Case and I'm Terminated

    My workers compensation claim was made in the State of: California.
    I have had an open workers comp case for almost a year. I was put permanent/stationary disability not being able to do my current job. My employer is trying to terminate me on work performance. My workers comp case was filed to prior to any work performance issues.

    If im terminated from work what happens to my open workers comp case?

    Thanks,

    Not sure

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: What Are My Rights if I Have an Open Workers Comp Case and Im Terminated

    it continues uninterrupted.
    workers comp is not health insurance.
    it's the employer that is covered not the worker.
    the employer's comp policy continues whether the worker comes or goes.

  3. #3
    Join Date
    Oct 2010
    Location
    H-Town
    Posts
    5

    Default Re: What Are My Rights if I Have an Open Workers Comp Case and Im Terminated

    get a lawyer and sue them if they fire you. Because you are having performance issues due to the injury. they cannot fire you

  4. #4
    Join Date
    Jul 2010
    Posts
    150

    Default Re: What Are My Rights if I Have an Open Workers Comp Case and Im Terminated

    yes speak with a lawyer but understand that not many employers are going to say they fired you because of your claim or your restrictions. If you work in a "right to work" state that means you can be fired any day of the week for a dozen legal reasons. They can't fire you for having a claim, or for having restrictions just like they can't fire you because or your race,sex,religion...so on and so forth. Most lawyers will talk to you for free so can't hurt to ask. Good luck

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: What Are My Rights if I Have an Open Workers Comp Case and Im Terminated

    I have had an open workers comp case for almost a year. I was put permanent/stationary disability not being able to do my current job. My employer is trying to terminate me on work performance. My workers comp case was filed to prior to any work performance issues.
    There is some confusion here...
    THe comp claim stays open, for medical care.

    But... when you were declared P&S/MMI, and released to return to work, even with restrictions, your ER is required to meet with you, it's called the "interactive process", and determine if you can be brought back to work, and, make a valid job offer within those restrictions that is to last a minimum of 12 months. That doesn't mean you cannot be terminated for cause due to job performance.
    There are rules here as well... how many EE's the ER has... and a few others.

    Depending on the facts surrounding your claim, your PD indemnity could be increased/decreased by 15% depending on the return to work issues.
    get a lawyer and sue them if they fire you. Because you are having performance issues due to the injury. they cannot fire you
    That's not necessarily true. Job performance and restrictions are two seperate issues. The job offer must be within any restrictions, but the ability to perform the basic functions of the job remains.
    The burden of proof here would be upon the IW if there were termination "due to the injury".

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