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can my company make me use my sick time for an on the job injury?

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wimpysgirl

Guest
I am a California resident. I was hired by my out of state company in the state of CA. I was injured at work and my company made me use my personal sick bank to remain off work due to my injury. I exhausted all my sick time for this work related injury. I recently called in "sick" for work due to illness, and now my pay is being docked for everyday I miss work. Is this legal?
 


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LadyBlu

Guest
wimpysgirl said:
I am a California resident. I was hired by my out of state company in the state of CA. I was injured at work and my company made me use my personal sick bank to remain off work due to my injury. I exhausted all my sick time for this work related injury. I recently called in "sick" for work due to illness, and now my pay is being docked for everyday I miss work. Is this legal?
Did you file a Workers Comp claim at the time of the injury? If so I do not believe it is legal to make you use your sick time as that is not for workers comp purposes, Insurance carrier is supposed to compensate you for lost wages in relation to the time off.
 
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LadyBlu

Guest
LadyBlu said:
wimpysgirl said:
I am a California resident. I was hired by my out of state company in the state of CA. I was injured at work and my company made me use my personal sick bank to remain off work due to my injury. I exhausted all my sick time for this work related injury. I recently called in "sick" for work due to illness, and now my pay is being docked for everyday I miss work. Is this legal?
Did you file a Workers Comp claim at the time of the injury? If so I do not believe it is legal to make you use your sick time as that is not for workers comp purposes, Insurance carrier is supposed to compensate you for lost wages in relation to the time off.
Here is the link to CA Code on Workers Comp laws.. be warned it is very long, but you should be able to skim over it to see where your rights are.

http://info.sen.ca.gov/cgi-bin/displaycode?section=lab&group=03001-04000&file=3200-3219

 

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