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.
The Law Offices of Wax & Wax 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. The Law Offices of Wax & Wax 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.
today to speak with a member of our team in a free consultation.