Any lawyers here?

Dragon_MD

New member
Got a question about work comp! In california.

I broke my talibone at work, an dwas pulled from work for 4 weeks. Then I was released back to work on light duty, being reviewed every 3 weeks.

Here is the dilemma! I work for Albertson's, and when I returned to work we were on and still are on a selective lockout. SO I assumed I just was not allowed in and not work so I am picketing for a little x-tra cash. The all of a sudden, I get an other WC check for the last 2 weeks that I have been on light duty, but picketing.

So here is the question: Since the injury was work's fault, are they still resposible, ,and have to keep paying me, since they will not allow me too work light duty??

That make sense?
 
If I was already a paralegal, I'd be able to find out for you...DARN!:evil: Well, good luck to you. :)
 
i'am always on the wrong side of the law(i dunno why i'am a real nice guy )but our lawas are diffrent and i don't know if they applicable i'll aks around i know a couple of lawyers .
 
You answered your own question

You said that you "assumed" that you would not be allowed in to work. Ask for an answer to that question. If you would have been allowed in to work light duty and instead walked the picket line it could impact your current and future eligibility for WC.
 
two versions, same suggestion

body2see suggests the same thing with more words - "find out what the status of your job is..." I suggested "ask for an answer to the question - would you be allowed to work?"

Sounded to me that you were a represented (union) employee - who else walks a picket line? Perhaps your union rep can get an answer to your question if you don't want to ask management or HR. The reason behind WC is to provide you with an income (it is really an insurance payment just as UC is insurance) while you are temporarily unable to fulfill the requirements of your normal job due to a work related injury. But as body2see explains for either WC or for UC there are things that you have to do in order to remain eligible for benefits.

If you do not follow the rules you may find yourself SOL. Find out what rules and requirements apply to you and make an honest attempt to follow them and you should be fine. You don't want to mess up your eligibility staus for WC. It is not just your benefit check, but also related medical costs that are involved. You also have other potential rights such as retraining if there is a determination that you are unable to return to your old job.

While walking the picket line might be what you want to do emotionally, or as you mentioned to get paid a little extra by the union, if it messes up your WC you will end up regretting it.
 
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