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  1. #1
    Join Date
    Sep 2007
    Location
    Los Angeles County
    Posts
    27

    Default Hurt While Performing Job Duty in California

    A woman I know works security at the front gate for a large company and was hit by a car while trying to keep it from illegally entering. She is back at work but in pain and has been advised to see the doctor every other day. She is afraid to take time off her work schedule to do this for fear of loosing her job. What rights does she have as far as being paid while she recuperates?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Hurt While Performing Job Duty / Ca.

    She is not entitled to be paid her full salary. She is entitled to file a workers comp claim which will pay her medical bills and part of her wages while she is out.

  3. #3
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Hurt While Performing Job Duty in California

    I would add that while she is likely limited in terms of an action against her employer to filing a WC claim, she may additionally have a personal injury case against the driver depending upon the nature of the incident. In most states, any WC benefits received would be required to be repaid(to varying degrees) if she collected any loss of income settlement from a third party case. State laws differ on this.

  4. #4
    Join Date
    Apr 2008
    Location
    california
    Posts
    9

    Default Re: Hurt While Performing Job Duty in California

    My question a bit off 43yedbuzzard, but maybe linked to this. My brother in law was injured at work and may be receiving wc benefits. He has not filed yet. He however has a personal disability insurance which he paid out of his own to protect him in cases like this.

    Based on your last statement of WC being repaid, will he then repay the amount paid by Workers Comp from the amount he receives from his personal insurance?

    Will this be the same scenario if he was to file disability instead of WC claim? Sorry to the original sender of the thread...I took your spot...

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