How do i apply for short term disability?

Asked about 1 year ago - Wilmington, CA

I was injured at work. I went to the emergency room and was diagnosed with muscle sprain. I was sent to the WC doctor and they sent me back to work with a light duty status. i woke up in more pain the next day could not go to work and went back to the WC doctor. once again he gave me the rest of the day off with the new restrictions to have a seated position with limited stooping and bending. I sent the paperwork to my supervisor and she didnt get back to me to let me know if there was a position available for me so i didnt go into work. can i get fired because of this?

Attorney answers (4)

  1. George Ellis Corson IV

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No Call/No Show is a valid reason for termination, but probably not if you gave them a Light Duty note. The best practice is to to show up for work with a note that says "We do / do not have a suitable light duty position available for limited bending/stooping in conjunction with a seated position" for HR to sign off on. If they do, you work. If they do not, then you fax the signed note to the WC Carrier and collect your TTD checks because there is no light work.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  2. Brett A. Borah

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Corson and Mr. Connell have already commented on the no call/no show issue so I won't.

    You ask about short term disability but thiat is something that is different from workers' comp. You may or may not have a short term disability plan at work. Not everyone does.

    You are getting reall close to stepping in something you don't want to step in. I suggest that you consult with a good WC attorney before you really screw things up. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers.

  3. Peter Joon-Sung Hong

    Contributor Level 11

    2

    Lawyers agree

    Answered . You could probably discuss these issues with someone at human resources and document your conversations. Aside from your workers compensation claim, you can inquire about your benefits package and whether or not you have short term disability. With that said i think the smarter move is to discuss with an attorney right away.

  4. John M Connell

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . You have to be careful that you do not just no call/no show. It is a good reason to get terminated but, as Mr Corson indicated, if they dont have light duty available then workers compensation is supposed to cover you until you are either provided with light duty or returned to work by the physician without restrictions. It is a good idea to stay in touch with your supervisor so that you know whether they have anything available within your restrictions.

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