What You Need to Know About Returning to Work After Workers’ Compensation in California
Workers’ compensation regards an insurance benefit that covers an employee’s lost wages and medical expenses after a workplace injury or illness. Here is what you need to know about returning to work after workers’ compensation in California.
California Labor Code Section 132a states that an employer may not discharge, threaten to discharge, or in any manner discriminate against employees who file workers’ compensation claims. In addition, employers must be aware of the requirements under the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) when they are considering reinstatement or return-to-work for a disabled employee who has been on leave due to a work-related injury or illness.
Related: California Workers’ Compensation Laws
Returning to Work After Workers’ Comp
It is important to get back to work in a way that best suits the injured employee’s needs. To do so, it is important for the employee who received workers’ compensation to work closely with their doctors, employer, and the claim adjuster for their case to ensure a smooth transition back to work. It is also essential for these individuals to hire an experienced Workers’ Compensation attorney to ensure that they receive the full range of benefits to which they are entitled.
The doctors, employer, claim adjuster, and workers’ compensation attorney must be in agreement on the following:
- The injured/sick employee’s job duties prior to their injury/illness
- Their medical condition and the type of work they are capable of performing post-injury
- The kinds of work their employee can offer them
If a doctor has listed any work restrictions for the employee, their employer must adhere to these restrictions when reinstating the said employee. If the employer cannot or does not comply, the employee is not required to work. If a doctor feels as though the employee will not be able to return to the same job post-injury/illness, a written report should be provided including permanent work restrictions to protect the employee from a re-injury/illness
If a doctor has not listed any work restrictions for the employee, their employer must, in general, offer the employee the same job with the same pay rate the employee had prior to their injury/illness.
If an employee does not recover from their workplace injury/illness, and if this injury/illness occurred in 2013 or later, their employer may offer them a job that they are able to perform if that job:
- Meets the work restrictions of their doctor’s report
- Lasts at least 12 months
- Is within a reasonable commuting distance from where they lived when they were injured
FAQs About Returning to Work After Workers’ Compensation in California
Does one have to return to work after workers’ compensation in California?
If someone has trouble returning to work in California because of their injury/illness, they are not required to do so. They also might be entitled to receive certain additional benefits.
How long can a workers’ compensation claim stay open in California?
Benefits from workers’ compensation can be provided for 104 weeks or 2 years worth. The 104 weeks’ worth of benefits can be spread across 5 years if they are not needed consecutively.
Related: How Long Can I Receive Workers’ Compensation Benefits?
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If you have any more questions about returning to work after workers’ compensation in California, contact us. We’ll get you in touch with the most qualified attorneys for your unique legal matter. Get your free consultation with one of our Work Injury Attorneys in California today!