What If I Get Injured At Work, And Can’t Go Back To Work Because Of My Injury?

Voucher

What if your injury prevents you from returning to work after you get injured? What happens when you get injured and you go to the doctor—whether it is the “company doctor” or your own family doctor—he or she will either place you on disability or provide you with work restrictions. If your employer cannot accommodate your work restrictions, then you should be placed on disability and receive disability payments either through EDD or your employer’s workers’ compensation insurance company. But what happens when you are released from the doctor you have been seeing and then you are released from his or her care? What happens when you’ve received some treatment and maybe even some disability benefits? California law has an answer to this question.

According to Labor Code section 4658.7, for injuries that occur “on or after January 1, 2013[.]” if the work-related injury causes permanent disability that is more than 0% an employer has a responsibility to decide if they can make you an offer for regular, modified, or alternative work within 60 days from receiving the doctor’s report that lasts at least 12 months. In other words, if the doctor finds that your work injury is at least 1% in permanent disability, your employer must decide if they can make you a job offer based on the work restrictions you may have at that point and the type of work you may have to do to be accommodated. If your employer cannot make a job offer to return to work, then you would be entitled to receive what is called a voucher, or what is referred to as supplemental job displacement benefits. This voucher has a monetary value of $6,000.00. This is not money that goes into your pocket. Instead, it is a voucher worth $6,000 that you can use at a vocational school or community college for retraining in some field of work you may be interested in. In addition, when you receive the voucher, the State of California will actually send you a check for $5,000 if you register the voucher with them.

            Please be advised that this should not be construed as legal advice. It is just a description of the law. If you would like a free consultation, you can contact the Law Office of Odir Alonso Hernandez at 323-219-5856.