How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4869
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I was injured on the job while working for my employer in California.

Resolved Question:

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?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
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!
Expert:  Joseph replied 10 months ago.
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
Expert:  Joseph replied 10 months ago.
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 10 months ago.
Did you receive the reply I just typed and sent? I don't see it anywhere?
Expert:  Joseph replied 10 months ago.
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 10 months 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
Expert:  Joseph replied 10 months ago.
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, Lawyer
Satisfied Customers: 4869
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 10 months 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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.