California Labor Code Section 132a – No coverage from insurance, so you are paying for it! Not only can your employees hire attorneys to litigate their claims at the Workers’ Compensation Appeals Board (WCAB) for injuries potentially caused from industrial work at your company, they can also bring a petition for discrimination under California Labor Code Section 132a.
When you just cannot create a temporary modified duty job within your organization for your injured worker, you may consider having your employee do charity work outside of your company. The benefit of a reduced experience modification rate (EMR) still exists, since no Temporary Total Disability (TTD) benefits will be paid on the claim, and your employee will remain active and engaged in meaningful modified work. You also get a charitable deduction for the donated labor cost.
For the fifth year in a row, insurance commissioner, Dave Jones, has requested decreases averaging 17.85% in the loss cost rate for 69 construction classifications that we track.
For workers’ compensation claims, a physician has to agree that an injured worker can return to work in a modified job with certain restrictions. Without a doctor’s letter, or a primary treating physician’s progress report, your company cannot offer a modified job to your employee.
This information also includes: Early Return-To Work Procedures, Employee’s Roles and Responsibilities, and a list of Transitional, Light & Modified Tasks that can be Performed in the Office, Shop or Field.
Your employee is injured on the job, you send him to the doctor and he comes back with work restrictions. What do you do now?
This is a sample letter for offering an injured employee light duty as an alternative to temporary total disability benefits (TTD).