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Does my employer have to hold my job while on workers comp in California?

Legally, your employer may not fire you for filing a workers compensation claim. However, this does not mean that you will never be fired while youre on workers compensation in California. The law only prohibits employers from firing you because of a workers compensation claim.

What happens if I get fired while on workers comp California?

If You Are Fired After Filing a Workers Compensation Claim Not only will they investigate the initial injury, but they will look at your performance reviews, promotion and pay history, and other employment records to determine whether or not you were termination was justified.

How does workers comp work in California for employers?

Workers Comp Is Required in California All California employers must provide workers compensation benefits to their employees under California Labor Code Section 3700. If a business employs one or more employees, the business must provide workers compensation coverage for each of those employees.

What qualifies as a workers comp claim California?

A work-related injury occurs. This could be an immediate injury caused by a one-time accident, or an occupational illness, or repetitive stress injury that accumulates over months or years of work. As long as the injury happened at work or because of your work, you have a case for workers compensation.

How long does it take to get paid from workers comp in California?

Timeline for Settlement You may need to appear before a judge in an informal hearing. During this hearing, the judge will ensure that the settlement agreement is fair and that you understand the terms. Once this is finished, you should receive your money within 30 days.

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What are my rights under workers compensation in California?

Workers compensation benefits mean workers are protected if they become ill or injured as a direct result of their jobs. These benefits include medical care, physical therapy, disability payments, lost wages and death benefits. California adopted workers compensation laws in the 1910s along with most other states.

What can you not do while on workers comp in California?

The short answer is no, you usually cant work while youre getting workers comp in California. But there are possible exceptions depending on your injury. Workers comp benefits are only available for workers who cant return to their job because of their illness or injury.

How long can an employee be out on workers compensation in California?

How long you can be on workers comp in California. For most people, California workers comp benefits last up to 104 weeks (two years) from the date of your injury. With severe injuries, like serious burns or chronic lung disease, benefits may last up to 240 weeks (just over four and a half years).

How long does it take to get workers comp pay in California?

Most workers compensation cases in California settle within 30 days. Ideally, the workers compensation insurance company will take responsibility right away.

How does workers comp in CA work?

A workers compensation insurance policy provides covered employees with medical and wage replacement (indemnity) benefits that arise from workplace injuries. Only workplace injuries that arise out of and in the normal course of business are compensable.

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