QUESTION

I got fired for while on workers comp, do I still get tdd wages

Asked on Apr 25th, 2013 on Workers Compensation - California
More details to this question:
My employer said in lieu of termination you can resign...I was terminated and it was my fault. They offered not to fight unempl. Benefits. Could I have continued rec'v wc wages if I didn't let them talk me into resigning ?
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1 ANSWER

Social Security Disability Attorney serving Modesto, CA at Rockwell, Kelly & Duarte LLP
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I may have answered this question in response to a similar question: You may continue to receive TD (temporary disability) benefits if, when you were fired, there was no modified work available for you. It doesn't matter if you resigned, even under pressure: you would still be entitled to TD if the employer, at the time of your resignation, had no work available for you within the restrictions or limitations placed on you by your treating physician. Often, the employer will offer modified work (even sitting down in a lunch room reading work manuals) in order to avoid paying TD. But it appears that you were not offered modified work, so, as I said, you should be able to collect TD.
Answered on Apr 28th, 2013 at 6:46 PM

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