If you have been injured on the job, you may have to miss weeks or months of work. Your doctor will evaluate your condition and provide a report regarding any work restrictions you may have after your injury. When you are ready to return to work in any degree, your employer is required to comply with your doctor’s report. Under California laws, you may only have 30 days to accept the offer from your employer. Failure to respond at all could undermine your ability to return to work, as well as receive supplemental job displacement benefits.
Under the California Labor Code, your employer must offer you one of the following job options when you return to work after an illness or injury:
- Regular work. Your employer may offer your original job position. Under the law, it must be an offer for at least a 12-month period, pay the same wages, and provide the same benefits as you had before your injury. Furthermore, it must be located within a reasonable distance from where you lived on the date of your injury.
- Alternative work. If you are not able to return to your previous position, your employer may offer you a new job at the same company. This new position must comply with your doctor’s restrictions, pay at least 85% of your pre-injury wages and benefits, and last for at least 12 months. In addition, it must be within a reasonable commuting distance from where you lived on the date of your injury.
- Modified work. If you are able to return to your previous job, but you have some limitations, your employer may offer modified work duties. He or she may provide extra equipment to help you perform certain duties, or allow you to avoid certain activities associated with your job. Modified work must pay at least 85% of your pre-injury wages and benefits, meet your doctor’s work restrictions, and last for at least 12 months. It must also be within a reasonable commuting distance from where you lived on the date of your injury.
Wax & Wax, A Law Corporation Is Committed to Meeting Your Legal Needs
If you have been injured at work, it is important to hire experienced representation as soon as possible. Wax & Wax, A Law Corporation has provided aggressive legal services to injured employees since 1987. We will analyze your situation, help you file the correct documents, and provide legal support throughout the process. If your claim is denied, or other complications arise, our Glendale workers’ comp lawyers will work diligently to protect your rights and interests.
Contact us today to speak with a member of our team in a free consultation.
