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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was injured on the job while working for my employer in California.

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I was injured on the job while working for my employer in California. I am a salaried employee. The date of injury was 6/18/10. I have been going to my workers comp medical appointments and treatments on my own time - e.g.- my sick time and vacation time since my injury. I have understood from several sources that I shouldn't need to use my time for those appointments and that the employer should not have subtracted that time from my personal time. Is it true that I don't need to use my time for the appointments related to the injury?
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

Yes, your employer is obligated to pay for the time that you spend at workers' compensation appointments that are during work hours.

This is stated in 29 Code of Federal Regulations Section 785.43:

"Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked."

Your employer should not be deducting time for appointments from your paid sick time and vacation hours, and you are entitled to be reimbursed for all the time that was wrongfully deducted due to your employer's mistake.

See this report on a Federal Court of Appeals (eight circuit) interpreting the relevant code section.

http://www.evans-dixon.com/Hendershot_6-3-08.pdf


I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (If I don’t receive a positive rating, I get nothing for assisting you, as I only receive payment for questions with positive ratings. Even if you made a deposit, it is still necessary to rate me positively for me to receive payment from your question).

Thanks and best of luck!
Hello Bill,

Also, if your employer refuses to compensate you for this time off, you can and should file a wage claim against your employer with the Division of Labor Standards Enforcement for the hours that have wrongfully been deducted from your sick time and vacation time.

You can do so using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Hello Bill,

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (If I don’t receive a positive rating, I get nothing for assisting you, as I only receive payment for questions with positive ratings. Even if you made a deposit, it is still necessary to rate me positively for me to receive payment from your question).

Thanks and best of luck!
Customer: replied 3 years ago.
Did you receive the reply I just typed and sent? I don't see it anywhere?
Hello Bill,

No, I didn't get it. Unfortunately, that seems to be happening a lot recently. There must be some site issues.

Could you please retype and resend it.
Customer: replied 3 years ago.
Joseph OK - I'll try again.

I need some further clarification on your quoted paragraph that states
"Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employees normal working hours....."

I am not being directed by my employer to go to these medical appointments. The appointments (medical / treatments) are a result of my workers comp injury and have been going to them on recommendation of my occupational physician not my employer. So it sounds like the quote would not apply to my circumstances. Is there any other stated law that could be quoted that would apply more appropriately?

Thanks!
Bill
Hello Bill,

If the appointments are scheduled for you by a workers' compensation administrator (insurance company), then you are entitled to compensation,since that entity is considered your employer.

This is THE law that has been interpreted to provide compensation for workers' compensation appointments during working hours, there is no other. Remember also that if the law was actually limited to what it appears to say on its face, there would be a lot fewer lawyers in the world (which many people would think is a good thing).

But it matters who courts have interpreted it, and that is that if the appointment is through the workers' compensation carrier (administrator), you are entitled to compensation for that time off, and its illegal to take your paid time off for that compensation.

Please consult the report on the opinion above for additional information.

Also, the second link here:

https://www.google.com/search?q=785.83&oq=785.83&aqs=chrome..69i57.3757j0&sourceid=chrome&ie=UTF-8#psj=1&q=workers+compensation+appointments+compensation+payment

It is available here, but if you cut and paste this link directly it will want you to sign in to get the information.

http://www.shrm.org/templatestools/hrqa/pages/whentopayemployeewinjuredonthejobtoattendrelateddrsapptment.aspx

and the court's opinion that I referenced in the other previous link here:

http://media.ca8.uscourts.gov/opndir/08/03/063403P.pdf

Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Joseph

That clarifies the situation. I understand now that you said the administrator is considered the employer. Thanks for sticking with me on this one. I liked your attorney reference....Just like everyone hates attorneys until they need one right! I will rate your service as excellent.

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