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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have an employee who broke his foot - NOT on the job. He

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I have an employee who broke his foot - NOT on the job. He has been out for 4 weeks. He is saying he is better and wants to come back. If he re-injures the same foot on the job, can he get worker's comp? Do I need to get a doctor's release from him? Will this help me if he re-injures the foot?



Hello and welcome, Dan.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

What type of work does the employee perform?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

I own a pool company and this employee clean pools on a regular route.

In and out of his truck, walking and moving around swimming pools - light lifting, bending, kneeling - light to moderate exertion.

I see. Thank you for providing this additional information, Dan.

If the employer reinjured his foot while on the job, you would typically be required to file a worker's comp claim and he could receive some benefits, although your insurer would likely challenge his right to receive benefits due to the pre-existing injury, which would typically discount the amount he could receive through worker's comp.

Yes, it would be prudent to require employees who have been on leave due to an injury to provide a written release to work from their medical provider for a number of reasons, including to document the injury in their personnel file for a future worker's comp investigation since it will notify the insurer of the prior injury so they can obtain the medical records from the first injury in responding to the employee's claim for benefits.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!



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