[Sinistrasza]

State of injury: California.

Hi, so a few years ago I was in a robbery at my job(I was there for one year prior to the robbery) and that let to me being in workers comp, long story short diagnosed with ptsd,anxiety attacks, tons of medication led to me being on workers comp for 2 years. Now can I put that I worked there for 3 years cause i was still "employed" by the company on my resume? or should I just put the one year on there? 

Thanks.

[1171]

did you return after your injury?
did they fill your position?
did you have permanent restrictions that prevented your returning to your same job duties?
did they continue to offer cobra? or keep in touch with you? did you continue to accumulate any seniority or leave or other benefits?
just because you didn't get a letter of termination doesn't mean you worked there.
if they contact your employer, can you explain the discrepancy without it sounding like you fudged the resume?

[Sinistrasza]

(05-11-2016, 11:41 PM)1171 Wrote: did you return after your injury? No
did they fill your position? Yes
did you have permanent restrictions that prevented your returning to your same job duties? My Lawyer didn't mention any
did they continue to offer cobra?Yes or keep in touch with you?No did you continue to accumulate any seniority or leave or other benefits?No
just because you didn't get a letter of termination doesn't mean you worked there. Didn't get one of those either but they tried to get me to quit (hence the reason i got a lawyer)
if they contact your employer, can you explain the discrepancy without it  sounding like you fudged the resume? Thats a good question, thats kinda why I came here for answers. This injury also happened several years ago and I have only had side jobs since then.

[California_Help]

(05-12-2016, 10:10 AM)Sinistrasza Wrote:

(05-11-2016, 11:41 PM)1171 Wrote: did you return after your injury? No
did they fill your position? Yes
did you have permanent restrictions that prevented your returning to your same job duties? My Lawyer didn't mention any
did they continue to offer cobra?Yes or keep in touch with you?No did you continue to accumulate any seniority or leave or other benefits?No
just because you didn't get a letter of termination doesn't mean you worked there. Didn't get one of those either but they tried to get me to quit (hence the reason i got a lawyer)
if they contact your employer, can you explain the discrepancy without it  sounding like you fudged the resume? Thats a good question, thats kinda why I came here for answers. This injury also happened several years ago and I have only had side jobs since then.

I recommend contacting your former employer's human resource department and ask about this. Often times employees are on medical leave of absence when they are off of work due to an injury. I know o some who were of for 5 or more years and their employer allowed them to use that time still as "employed" so there was no employment gap.


Have you ever attempted to return to your former employer or ask for another position? You need to know your current employment status. I recommend calling your HR department and ask if you can use the time you were off as off on medical leave so there is no gap in your employment and also ask what dates of employment they will give employers who contact them. Remember in California you do not need to disclose to prospective employers you had a work related injury, and only need to mention accommodations if they are outside of what the job entails.


Since you have an attorney, I recommend discussing this with him first, before you contact your employer. I am not an expert, just an injured worker like yourself. I have managed employees and I am going by my own personal experiences, which may be different from what your employer does with their employees.

Did this injury happen after 1/2013? You may be eligible for vocational vouchers, but ask your attorney.
http://www.dir.ca.gov/dwc/SJDB/SJDB_FAQ.html

Best of luck to you.

[PeterMase]

I am going thru Vocational Rehab as they call where the Ins Co has hired a company to help me find work and the company wants me to say that I've still been working there for the 3 years I have been off due to injury and permanent restrictions . They claim that since the Ins Co is still paying me that in a way I am still hired there even tho they will not take me back due to my restrictions and the fact that I cannot do the same work .My lawyer does not want me to say that because it is not considered still being employed there. The company that is helping me find work also does not want me mentioning to possible future employers about my injury or restrictions . My laywer also disagrees with that because he feels like I am lying to these new potential employers ( which is true) and if they find out a week after hiring me then I would look like a liar and probably get fired and lose that job and my TTD that I am collecting . Not sure if my case helps you but I figured I'd let you know my experience .

[Sinistrasza]

Ok small update: I got ahold of HR BUT the company I worked for got bought out so they have no record of me. The date of injury was May 2007 and the case was over Feb 2010

[California_Help]

(05-14-2016, 09:28 PM)PeterMase Wrote: I am going thru Vocational Rehab as they call where the Ins Co has hired a company to help me find work and the company wants me to say that I've still been working there for the 3 years I have been off due to injury and permanent restrictions . They claim that since the Ins Co is still paying me that in a way I am still hired there even tho they will not take me back due to my restrictions and the fact that I cannot do the same work .My lawyer does not want me to say that because it is not considered still being employed there. The company that is helping me find work also does not want me mentioning to possible future employers about my injury or restrictions . My laywer also disagrees with that because he feels like I am lying to these new potential employers ( which is true)  and if they find out a week after hiring me then I would look like a liar and probably get fired and lose that job and my TTD that I am collecting . Not sure if my case helps you but I figured I'd let you know my experience .

It was my understanding you can pick your own vocational rehab, and this can include going to college. Did you receive voc rehab vouchers or info?

I was off of work for two years and it was considered off on medical leave, but I was still an employee. I did not have any employment gap. If you are off on medical leave, this does not mean you are no longer working there. It sounds like you may be on medical leave. I recommend getting another opinion from an attorney who is familiar with labor law. You do NOT need to mention your WC injury OR restrictions to other employers UNLESS you need them to accommodate these restrictions. This is CA state law. It is illegal for employers to ask if you had a prior work comp injury, but can ask if there is anything that physically precludes you from doing the job. Is there? If not no need to mention it. If you do mention it...it may open the door to prospective employers to ask more questions they would other wise not legally be able to ask.

You cannot collect TTD AND work another job. I do not understand why you are collecting TTD as there is a 104 week cut off. Are you sure it is not PD (smaller amount) you are collecting?