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In CA - can I get laid off while on WC?
#1
Hi all,

I'm a little confused.  I got injured at work and have been on WC for about a month.  I got a call from the insurance saying I need to fill out a claim for the companies private insurance, which asks a lot of questions and aloows al medical files to be sent to them.  I asked why, since I am receiving payment from WC until I return, and the response was to secure your job.  The WC just pays a subsidy for your salary, it does not secure your job.  Is this correct?
They sent me a few forms, some of which it says I do not qualify for since I was employed less than 1 year before accident (ie. FMLA...).  Thanks again.  Also i do not have a lawyer.
 
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#2
it's disability not a subsidy.
disability payments are limited.
if you are not protected by FMLA or a collective bargaining agreement your job is not secure.
it appears that you may have private income protection or disability coverage.
I have no idea how the caller is related to you, your company, or your injury.
you can find out more about temporary disability and other comp benefits from the state website
http://www.dir.ca.gov/dwc/iwguides.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(04-26-2016, 03:33 PM)socalnerd Wrote: Hi all,

I'm a little confused.  I got injured at work and have been on WC for about a month.  I got a call from the insurance saying I need to fill out a claim for the companies private insurance, which asks a lot of questions and aloows al medical files to be sent to them.  I asked why, since I am receiving payment from WC until I return, and the response was to secure your job.  The WC just pays a subsidy for your salary, it does not secure your job.  Is this correct?
They sent me a few forms, some of which it says I do not qualify for since I was employed less than 1 year before accident (ie. FMLA...).  Thanks again.  Also i do not have a lawyer.

Is this for a long term or short term disability policy?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
(04-26-2016, 03:33 PM)socalnerd Wrote: Get an attorney.  You don't pay the attorney directly.  The attorney is paid from your settlement or judgement when your case is resolved.

Under certain circumstances such as a reduction in force or if you are no longer physically able to perform any modified work the employer has available, your employer can lay you off even if you are on temporary disability.  However your employer cannot discriminate against you and lay you off simply because you are disabled.

The forms you received  --  were they for continuation of health insurance -- COBRA forms?  Sounds like it.  If your employer provided medical insurance  -- not work injury insurance, but medical insurance , then when the employer terminates your employment it must provide you with COBRA forms so that you choose to can continue your medical insurance, at your own expense (Again, this is not the workers compensation medical benefit, but your regular medical insurance provided as a benefit of employment.)

These are complicated issues.  Unless you enjoy being taken advantage of, get an attorney.
 
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