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Is it legal to stop paying an employee the supplemental dollars that were agreed on with workers comp adjustor after an injury.
Stockton, CA
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Posted 3 months ago in Workers Compensation
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I was injured in a ranch accident that caused catastrophic facial injuries and brain trauma. Have been off work for 5 months and now my employer (also a relative) whom I have worked for for 40 years, is telling me he will no longer pay the money he has agreed to pay to supplement the workers comp money that brings me up to my normal salary. He states he had to hire someone. Is this legal? Wrongful termination? etc?
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Answers (3)
Brett A. Borah
This attorney is licensed in California.
Posted 3 months ago.
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Labor Code 132a requires that your employer treat you the same as anyone else....he cannot discriminate against you because you had a work injury. What would he do with anyone else who has been off work for 5 months? Does he continue to pay them the supplement? Consult an attorney on this issue.
If your injuries keep you off work for over a year, consider applying for Social Security Disability Income and Medi-Care. This is a tricky process so consult an attorney. The insurance carrier will eventually want you to go to a Panel Qualified Medical Examiner (P.Q.M.E.). To do that, you wrlte to the Dept. of Industrial Relations of the State of CA to get a 3 doctor panel. Before you do that,consult an attorney. Before you select a Q.M.E. off of the panel, consult an attorney. Before you go to the Q.M.E. consult an attorney. These are critical steps in your case. Don't make a big mistake here. There are several very good attorneys in Stockton/Modesto. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys who represent injured workers here in California. Or you can call me for a referral. Good luck. 
Michael J. Helfand
This attorney is licensed in Illinois.
Posted 3 months ago.
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It depends on the type of agreement you had with your employer. When your work for a family member, it can be hard to negotiate these things. I'd suggest hiring an attorney, both to make things easier for you and to increase your chance of being fully compensated. Ask for a free consultation to get an idea of what you're entitled to. If you have any other questions, feel free to call me. I'm an Illinois worker's comp attorney, but I know an experienced lawyer near you whom I'd be happy to recommend. 1-800-807-9530.
Michael Douglas Goforth
This attorney is licensed in California.
Posted about 1 month ago.
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If you do not have a written contract, you may be limited to your workers' compensation benefits. If you have evidence of a contract to supplement the temporary disability payments you may be able to enforce your claim against your employer. More information is needed. If you provide me with additional information concerning the facts of the accident and your history of employment with the employer I may be able to give you more complete information.
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