QUESTION

Does he have to get paid some of the time that he is in hospital care if he doesn’t get vacation time off?

Asked on Oct 15th, 2014 on Personal Injury - California
More details to this question:
He got hurt at work. He got a deep cut (15 stiches). The owner didn’t call the ambulance. Another worker took him to the hospital. We are afraid for my husband to get fired.
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3 ANSWERS

Edwin K. Niles
Please see a workers comp lawyer ASAP. He should not be fired.
Answered on Oct 17th, 2014 at 7:56 PM

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Your husband is entitled to collect Workers' Compensation benefits, which include all medical costs necessary to treat and cure him from the results of the on the job injury, temporary disability [a percentage of his wages; in California it is normally about 2/3rd but is tax free], and permanent disability if there are any lasting disability. It is illegal for the employer to fire someone for getting injured on the job, and there is a penalty against the employer if he does so. In California, the employer must post in a conspicuous place, a notice as to these benefits and the contact information for the Workers' Compensation carrier who will make all the payments and handle the case. But some employers, especially of small businesses, are dishonest and will attempt to find some way to fire him. Most employers are not that bad, but i have no way of knowing what his employer is like. If necessary, you can hire a Workers' Compensation attorney who probably will only be paid a percentage of whatever permanent disability exists [scars normally do not rate anything].
Answered on Oct 17th, 2014 at 4:20 AM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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He needs to report the incident. If the claim is not accepted then he should file a worker's compensation case.
Answered on Oct 16th, 2014 at 7:16 PM

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