Settled WC case back in Aug, via a C&R Settlement. However, my voluntary resignation wsnt a condition of the settlement, because I wouldn't agree to it. So, technically I am still employed. The issue is, that my WC attorney has now been paid off out of the settlement, yet I still have some remaining legal issues. First off, I have a QME that included a "work restriction", in his final report. So, dsn't my employer (or WCI) have to either send me an offer of work, if they can meet the restriction, or a denial, so I can get benefits? If not, then what, I don't even know where to go frm here?? Pretty sure my employer dsn't want me back, anymore than I want to go back now, so wld negotiating a severance package be an option? Also, several retaliation issues, like hold of bonus check from 2010.
If you think you can return to work with your restrictions, why don't you show up? In any event, as Mr. Borah indicated, the issues you are presenting are not part of workers compensation but would be employment law issues. When you ask about benefits, what benefits are you referring to? Unemployment? Your workers compensation benefits were resolved with your settlement.
Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO communication or any messages or emails from Silberman and Lam, LLP. An attorney/client relationship will begin only when a retainer has been signed.
Several of the issue you raise such as severance package and unpaid bonus checks are not workers' comp issues. If you want to pursue those, you may want to hire legal counsel. If your employer didn't or doesn't take you back, you may be entitled to a job retraining voucher. Your workers' comp lawyer should be able to help you with this.
Your employer doesn't "have to" do anything. If your employer's failure to try to accomodate your work restrictions violates ADA or other law, then you may have a claim under those laws. The fact that you haven't attempted to return to work since August may be deemed an abandonement of your job. You may want to consult a labor/employment law attorney on those issues.
DISCLAIMER The contents of this answer are for informational purposes only and are not intended to convey specific legal advice regarding any issues. Transmission of the information contained in this post or any posts linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Attorney Gilbert Fisher practices law only in California and does not seek to represent anyone in any other jurisdiction. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area. Readers take NOTICE: Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Attorney Gilbert Fisher is a debt relief agency under federal law. Attorney Gilbert Fisher helps people file for bankruptcy relief under the Bankruptcy Code.
When you settled by C&R, you closed your WC case. It is OVER. The other issues you raise are not part of the WC claim, and are employment issues between you and your employer. Whether or not you have any remedy would be better discussed with an employment attorney who is much more knowledgeable in this area of the law.
You have received several responses from good workers compensation attorneys. Let me give you an employment attorney perspective.
The Fair Employment and Housing Act and the ADA provide employees with protections related to their right to return to work after suffering from a disabling condition. These laws apply independent of the employer's duties under the Workers Compensation system. If you have been returned to work with a restriction by your doctor, your employer was required, and may still be required, to engage in a timely good faith interactive process with you to compare your medical restriction to your job description to see if there is any way you can still perform the essential functions of your job, either without some kind of accommodation, or, if necessary, with some kind of reasonable accommodation. If you cannot any longer perform the essential functions of your usual and customary job even with reasonable accommodation, your employer can simply terminate you. If you can perform your job with reasonable accommodations, the employer must allow you to return to work unless the accommodation would constitute an undue hardship on the employer. Therefore, before an attorney could tell you what your options are, far more needs to be known about your job, your restrictions and other related matters.
One thing that concerns me is your desire to not return. You have to be ready, willing and able to return to work to state a case for disability discrimination. If you have no desire to return to work, you likely have no damages, and a legal action would not be prudent. You really need to discuss your intentions and your desires with an employment law attorney who is well-versed in disability discrimination issues.
Finally, you speak of retaliation issues that occurred as far back as 2010. That causes me some concern that your issues are either time barred or close to time barred. You have one year to file an administrative complaint with the Department of Fair Employment and Housing to complain about any particular actions. It is likely any complaints about retaliation in 2010 are long past the time bar. Again, it is important you speak with an attorney and share the specifics with him or her.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline