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Federal |
Condition |
California |
|
No. |
Required?
|
Yes. Every employer required to provide workers' compensation benefits.
(Cal. Labor Code Sec 3700)
|
| |
Paid/Unpaid? |
Benefit varies depending on severity of injury, permanence of disability, and employee's earnings prior to injury. |
| |
Applies to? |
Work-related injuries.
|
| |
Reasons for leave? |
Injury occurs due to condition or incident of employment. Injury prevents employee from working. |
| |
Duration? |
Dependent upon the opinions of physicians selected to evaluate employee's medical condition.
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Guaranteed return to work? |
Labor Code requires a "business necessity" be cited for terminating a work-injured employee. Return to work can carry requirement that employer "reasonably accommodate" temporary or permanent disabilities. |
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Guaranteed job assignment?
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Dependent upon need for accommodation to temporary or permanent disability.
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Employer verification? |
Employee must give employer written notice of injury. Employer has prerogative of getting medical opinion from a physician of its choosing. |
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Penalties for failure to comply?
|
Penalty of up to one-half the value of the benefits up to $10,000 and costs not to exceed $250, plus reinstatement, back pay, and benefits. ($10,000 limit does not apply to back wages or employment benefits.)
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