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Employer moving slow on return to work? Is it 132a? FEHA? ADA? What's the difference?



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This video goes over what happens when the QME finds you P&S, and reviews some discrimination issues with return to work. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

When a worker is injured on the job, and found P&S or MMI, the QME or PTP will often impose permanent work restrictions. The employer then has 60 days to review those and determine if the restrictions can be accommodated, and if yes, offer work. If that takes place, the injured worker won't get the Return to Work Voucher which is worth up to $6,000. However, separate from that are issues pertaining to discrimination. In workers' comp we have Labor Code 132a which deals with an employer discriminating against and employee for filing, or making known their intention to file, a workers' comp claim (in short). There are separate laws in CA (Fair Employment and Housing Act FEHA) and Federal (Americans with Disabilities Act ADA) dealing with discrimination and reasonable accommodations. I handle 132a claims for my clients, but I refer my clients to employment law attorneys for potential FEHA or ADA violations.

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

If you have any questions, let us know at [email protected]
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