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Legal Eagle
Legal Eagle, Lawyer
Category: California Employment Law
Satisfied Customers: 5171
Experience:  Licensed to practice before state and federal court
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With a Workers Comp CA State Fund Claim, what amount /

Customer Question

With a Workers Comp CA State Fund Claim, what amount / proportion of their normal pay does a Claimant receive whist injured and off work? If the Claimant can physically work doing a different role within the organisation, ie - original role is sports coaching...due to injury obtained whilst coaching, so can no longer perform this function, but can complete alternative role such as typing and answering calls in an office. Does the claimant have to accept the offer of alternative work and if so what pay does the claimant receive...their "coaching rate" $20 per hour or the minimum wage rate for typing and answering calls in the office, $11 per hour. Thanks
Submitted: 2 months ago.
Category: California Employment Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed CA attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. If you return to an old job with modifications, that meet the doctor’s work restrictions, it must pay at least 85 percent of the wages and benefits that you were paid at the time of injury. The same goes if you are sent to do alternative work as well. So, the answer to your question is no, you do not have to accept $11 per hour. It has to be at least $17.50.

Although I provided an initial answer, it’s important that you are 100% satisfied so follow up questions are free so before rating your opinion of my service, feel free to ask away. As a side note, you can also click here in the future to request me individually.

Only if you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Thank you for the response. Can you confirm: what amount / proportion of their normal pay does a Claimant receive whilst injured and off work completely? And if the work meet the doctor’s work restrictions, Does the claimant have to accept the offer of alternative work ? Thanks
Expert:  Legal Eagle replied 2 months ago.

Hi, just one moment...

Expert:  Legal Eagle replied 2 months ago.

Temporary disability pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. However, you cannot receive more than the maximum weekly amount set by law. If your date of injury is in 2016 and your gross wages before injury were more than $1,692.65 per week, your TTD payments are the maximum: $1,128.43 per week.

As far as your offer, “The offer must be for a job that you are able to perform. In addition, the job must:

• Pay at least 85 percent of the wages and benefits that you were paid at the time of injury • Meet the work restrictions in the doctor’s report

• Last at least 12 months

• Be within a reasonable commuting distance of where you lived at the time of injury.

The offer could involve one of the following:

• Modified work. This is your old job with changes that meet the doctor’s work restrictions. Examples: Changing certain tasks, reducing time on certain tasks, changing the workstation, providing helpful equipment, changing the work location.

• Alternative work. This is work that is different from your old job and meets the doctor’s work restrictions. If your employer offers you work that meets all of the requirements described above: • You have only 30 days to accept the offer. If you don’t respond within 30 days, your employer could withdraw the offer.

• The claims administrator won’t be required to offer you a supplemental job displacement benefit. This is true whether or not you accept the offer.”

I found this information verbatim by clicking here. Did you have any other questions for me?

Customer: replied 2 months ago.
if the offer of work meets the works restrictions, the claimant must do the work and obviously receive compenation for that work, if the claimant decides they do not want to do this type of work...the claimant will receive 30 days of 2/3 regular pay and then not receive any more "benefit" pay, and so no more money at all. Is the choice either take the work or get 30 days at 2/3 pay and then it will stop? Correct Thanks for your hepl.
Expert:  Legal Eagle replied 2 months ago.

Hi, just one moment...

Expert:  Legal Eagle replied 2 months ago.

That’s correct. The ⅔ pay will be covered by the temporary disability for 30 days if the offer meets the guidelines.

Customer: replied 2 months ago.
Final part of this I hope: If the claimant is working on a temporary J1 Visa, which expires on August 31st 2017. Can the still injured, and not working, claimant receive benefit payments after the legally allowed to be in USA and working in the USA expiration date of August 31 2017? Thanks
Expert:  Legal Eagle replied 2 months ago.

Even if a person is not a legal immigrant, if they are injured on the job, they are are entitled to workers’ compensation benefits despite their legal status.

Customer: replied 2 months ago.
Ok thank you. If the claimant has signed a contract where the contracted work finishes on august 31 2017. Can the claimant receive benefits after that date? Thanks
Expert:  Legal Eagle replied 2 months ago.
long as the claim is filed in advance of the termination date.
Customer: replied 2 months ago.
Two things: If the claimant is no longer in the USA and choose to return back to the UK, is the claimant entitled to workers’ compensation benefits. Secondly, if the claimant also only worked part-time, 15 - 20 hours per week, is the claimant entitled to workers compensation benefits. Thanks
Expert:  Legal Eagle replied 2 months ago.

The answer to your question is yes. You should still be entitled to the workers compensation benefits. You would just have to arrange with the benefits administrator to get a treating physician in your area in the United Kingdom. Also, yes all employees, regardless of whether they are full-time or part-time or eligible for worker's compensation.

Customer: replied 2 months ago.
Does Workers Comp benefits cover the costs of the claimant being repatriatied back to their homeland in the UK? Thanks
Expert:  Legal Eagle replied 2 months ago.

Hello, I'm sorry, but I don't know the answer to that specific question. I don't imagine they would cover something unrelated to compensating you for being out of work. Did you have any other questions for me?

Customer: replied 2 months ago.
Does a Claimant need to be available to perform the Modified work, if offered and able ot perform, as in location, if the claimant has moved away from the incident location, to receive Workers Compensation benefits ? Thanks
Expert:  Legal Eagle replied 2 months ago.

Well, the claimant would have to be available to perform only if they agreed to take the offer that comes from their employer and the offer from the employer meets the requirements that we discussed earlier. If the worker is unable to return to work or the employer's offer does not meet the minimum requirements, then it really won't matter whether the worker is available. Also, if the worker is out of the country and they are simply just not physically present, then that would basically serve as a denial to return to work in the employer at that point does not have to make a subsequent offer.

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.