California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Can an Employer Talk to an Employee Who is Out on Worker's Comp

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

    I was injured in a work related car accident in 1/2011. I have a herniated disc and my primary job is outside sales. Therefore, I have a company issued car, computer, phone etc. I have had the car this whole time while on disability. I need to continue to have access to the computer for expense reports etc.

    My Manager called me at home the other day and asked me to return all of my company property. He sent a letter to my house w/o attorney copied. This letter is normally what is sent when reps get fired, yet there was no terms in the letter. He called again to make sure I cleaned out my storage unit, by the way I have a injured back.

    I thought that the employer was not allowed to contact the employee and put pressure on them. I thought this was a california state law. The attorney isn't responding and this whole time that I would have the car until the case settled. After all I will have no way to get to treatments, physician appts etc.

    I am really confused, am I supposed to just keep taking the calls and do what he wants? He didn't answer when I asked if I was getting fired. I thought my WC attny should be protecting me until a settlement is reached. Please help.

    Please help... sorry if this is a common topic but I couldn't find it in searches.
    Thank you

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Are the Employer, I.e. Mangers, Allowed to Contact an Employee when Out on WC

    There is no law in any state the prohibits an employer from contacting an employee/IW... even if you have an attorney.

    Your ER has a right to request company property to be returned, including the car/computer/ etc. You've been out over a year.... your ER may terminate you at any time without cause. Apparently they are not choosing that option at this point. But they do have the right to make business decisions, and replace you if necessary.
    I am really confused, am I supposed to just keep taking the calls and do what he wants?
    Why wouldn't you want to maintain a good relationship with your ER? Their goal, as well as yours is a return to work as soon as possible.
    I thought my WC attny should be protecting me until a settlement is reached.
    The MVA/Motor Vehicle Accitent/PI case will always settle by a cash payment, there is never a guarantee of a settlement in a comp claim. You are entitled to benefits only.
    When the MVA case does settle... the WC carrier will be entitled to subrogation rights... recovery of any benefits you have been provided, and possibly a credit for future medical reimbursement.

  3. #3
    Join Date
    May 2012
    Posts
    2

    Default Re: Are the Employer, I.e. Mangers, Allowed to Contact an Employee when Out on WC

    Thanks, it may be a company policy that managers cannot contact reps as they have been pressured in the past to make decisions under duress and intimidation. Plus the attorney said certain things at the beginning, then has changed what he told me, hence the confusion.

    Thank you, I appreciate your informative answers.

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