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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have a viable workers comp claim, and my injured worker

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I have a viable worker's comp claim, and my injured worker is now in prison due to a parole violation. Do I still have to pay him temporary or permanent disability payments?

What parts of the labor code deal with this issue?
Hello and welcome to JustAnswer.

Unfortunately, yes, you still have to pay your worker temporary or permanent disability despite the fact while he's in prison.

There's nothing in the labor code that states that your obligations to workers' compensationm claimant change if he is imprisoned. Nor is there anything in the code to enable you to get out of the payments just because he's currently in prison.

In fact, there was a recent state bill that passed to ensure that prison or jail inmates who are assigned employment can recover disability for those injuries as well.

While you're unlikely to be sued for failure to provide the payments while the worker is in prison. He could sue to enforce the claim after he is out of prison.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
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