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For CA work Comp.: What happens if i refuse to come off TTD to take a job with my company that I do not like and am no good at?
Anonymous1 views4 answers
I was a driver with my company. I was hurt on the job in an accident that was not my fault. I went out on TTD last Jan. 2011. Today My employer said he is going to contact the insurance company and offer that I return to work doing office work.
But I am no good at this particular work and i am in pain with my knees on a daily basis and the pains meds cloud my mind a bit. Plus I feel it would only cause me further frustrastion working with him looking over my shoulder all the time and mutter under his breath as he is know to do. I feel he may be setting me up to fire me.
Do I HAVE to come off TTD take such a position? What happes to my WC claim if I do not?
Can I just quit and not have it affect my WC claim or unemployment benifits?
In California, workers' comp is "no fault" so it doesn't matter whether the injury was your fault or not. We just don't even consider that except in a few very rare situations.
Whether you are temporarily, totally disabled (TTD) is a medical question...not one for your employer to decide. What does your treating doctor have to say on the issue? If he says you are still TTD, then you should decline the job offer as you are totally disabled from any work. If he says you can return to work but with limitations and your employer says he can offer you an office job within those restrictions, then you have to decide whether you want to take that job or not. You don't have to take it but then you could get terminated. If you do take it, it has to be within your restrictions and for, at least, 85% of your old pay scale.
If he offers you a job within your limitations and you refuse it, the w.c. carrier could cut off your temporary, total disability indemnity. If you quit, same result. This is really an issue you need to work through with your treating doctor.
Is your treating doctor one assigned to you by the w.c. carrier? Is he part of an industrial medical clilnic? If so, then he is probably more on the side of the insurance company/employer than he is with you. You have the right to change doctors. You may be able to find one that is more sympathetic to you. Talk to a good w.c. attorney about this.
There are plenty of excellent w.c. attorneys in Orange County. Find a good one here at www.attorneyqna.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral.
Good luck.
Juan Manuel ArmentaWorkers' Compensation LawyerRancho Mirage, CA ·
An employer is generally required to provide accommodation if it can. It sounds like it wants to and so long as the physicians agree that the modification is within your work restrictions you either have the choice of compliance or risk having yout TTD payments stopped. There is no rule that says you have to like the modification or that you are even good at the modified position. Resigning will not solve the problem. The result will be the same. However, if they fire you then they have not accommodated and TTD will likely continue. If you quite, there will be unemployment either. If you were my client I would probably be advising you to at least try the modified position and see how it works out.
The other point is a not at fault accident. If this was casued be a person not your co-worker you may have what is called a third party claim and you should have a lawyer investigating that for you.
Sorry to hear about your injury and your frustration!
Have you spoken with a personal injury lawyer about the possibility of making a claim against the person or company that was at-fault for your accident? Assuming that the at-fault party was not also an employee of your company, you may have a personal injury claim against them in addition to your Workers Compensation Claim.
Please click the link below. It's an eye-opener and may point you in a new direction in your case to possibly increase your net financial recovery. Good luck and I hope you feel better soon.
Lowell Steiger
DON'T QUIT! That might make the final Permanent Disability award cut by 15% at the end of the claim.
IF YOU are found Temporarily TOTALLY Disabled by the DOCTOR, then the disability is TOTAL. if the employer offers modified work, but you are totally disabled, no you don't have to do any modified work when you are TOTALLY temporarily disabled.
BUT IF the doctor writes you are Temporarily PARTIALLY disabled with a list of restrictions, the employer gets to offer you any job that meets those restrictions, including work that frustrates you.
I had one wacky employer put the injured worker on a barstool in the middle of the company entrance doing nothing but sit for 8 hours!!! My client sat all day and collected his wages.
If your doctor won't write you are Temporarily PARTIALLY Disabled, consider switching to a doctor who will write that your disability is 'TOTAL' until you can return to full duty.
There are a few compassionate doctors in Orange County, one of them is bound to be on that Workers Comp Carrier's Medical Provider Network... get the website for your comp insurer's MPN and start research which doctors are 'in bed' with the insurer, and which ones are reasonable.
HAPPY HEALING!!!
