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WORKERS' COMPENSATION INDUSTRIAL INJURY LEAVE


This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

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Federal

Condition

California

No.

Required?

Yes. Every employer required to provide workers' compensation benefits.

(Cal. Labor Code Sec 3700)

N/A

Paid/Unpaid?

Benefit varies depending on severity of injury, permanence of disability, and employee's earnings prior to injury.

N/A

Applies to?

Work-related injuries.

N/A

Reasons for leave?

Injury occurs due to condition or incident of employment. Injury prevents employee from working.

N/A

Duration?

Dependent upon the opinions of physicians selected to evaluate employee's medical condition.

N/A

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.

N/A

Guaranteed Job Assignment?

Dependent upon need for accommodation to temporary or permanent disability.

N/A

Employer Verification?

Employee must give employer written notice of injury. Employer has prerogative of getting medical opinion from a physician of its choosing.

N/A

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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