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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4518
Experience:  Extensive experience representing employees and management
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My friend is a caregiver. For several months (at least 3, she

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My friend is a caregiver. For several months (at least 3, she has been working 24/7 caring for a hospice client. She did not get the required time off as required by law and was only given off late Saturday to to Sunday afternoon for church, and more recently it went to a mere 4 hours off on Sunday. The exception to this is that she was allowed a few hours off occasionally if she had an appointment. I noticed she had been losiong weight and due to the client waking at night or the need for medications at night, my friend did not get proper sleep. The client passed last week and my friend went home. She quickly became exhausted, experienced dizziness and nausea. In addition, while she was caring for the client she took her own blood pressure and found it to be only slightly above the client's blood pressure who was of course dying. Now for the reason for this question: She attempted to get workmans comp medical care and was told by the corporate office that it is no longer a workers comp issue because she is not working now (the client passed and she has no client at this time), and the person also said, "maybe you have some medical condition anyway not related to work." What can my friend do?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for the information and your question. I will need to know what State your friend works in. Also, is she still employed by the service, but just not on an assignment right now?
Customer: replied 10 months ago.


California and yes, still employed just not on assignment

Expert:  Marsha411JD replied 10 months ago.
Thank you for your reply. Unfortunately, California Employment Law questions are handled under a separate category from other Employment law questions and they only allow California attorneys to answer them. So, I am going to Opt Out and allow a California attorney to assist you. I apologize for the delay, but someone should be with you as soon as they are available.
Customer: replied 10 months ago.

OK, thanks anyway

Customer: replied 10 months ago.


When you replied with this last entry,my screen had a notice saying I rfeceived a reply. I clicked it to view this but while the screen was changing I saw another attorney's message saying they needed more info but it disappeared too quickly to click it and your last message came up. how can I find out who that attorney was?

Expert:  Joseph replied 10 months ago.
Hello.

I'm very sorry to hear about your friend's situation and hope I can help.

My goal is to provide you with excellent service today.

Your friend should do two things:

1) In regards XXXXX XXXXX not receiving time off as required by law, she should file a complaint and/or wage claim against her employer with the California Department of Industrial Relations, Division of Labor Standards Enforcement.

She can file a wage claim using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

She could file a complaint by contacting her local office of Division of Labor Standards Enforcement, which she can find here:

http://www.dir.ca.gov/dlse/districtoffices.htm

2) Her employer is obviously trying to interfere with her right to file a workers' compensation claim for her injury from work. If her employer is doing this, I would suggest that your friend hire a workers' compensation attorney to represent her. (There's no up front fee, and she only has to pay the attorney when she recovers, so it's worthwhile to do so).

Although JustAnswer experts cannot make any specific recommendations due to site rules, the following are good starting points for your friend to look for a workers' compensation attorney in her area:

www.avvo.com

www.lawyers.com

www.marintdale.com


Since my goal is to provide you with excellent service today, please do not hesitate to ask me any follow up questions or let me know if you need any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

Customer: replied 10 months ago.

Yes, I told her about the time off thing already. As far as the workers comp, is it true that since she didn't say anything while working with that particular client ( she was too busy to even notice her own health issue) that she cant claim workers comp?

Expert:  Joseph replied 10 months ago.
No, that is not true. If she sustained the injury while she was working, she is entitled to workers' compensation. She only need inform her employer within 30 days of the injury to be eligible to receive benefits.

She is definitely still eligible for workers' compensation, and her employer appears to be trying to deceive her in order to avoid paying workers' compensation for her injury.
Joseph, Lawyer
Satisfied Customers: 4518
Experience: Extensive experience representing employees and management
Joseph and 4 other California Employment Law Specialists are ready to help you

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