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Workmans Comp During 90day Probation And Company Benefits

Workers Compensation Law Discussion

Workmans Comp During 90day Probation And Company Benefits

Postby aldous » Tue Nov 08, 2016 10:07 pm

If an employee is injured and claims workmans comp during their 90-day probation, can the company delay the medical & dental benefits that the employee is generally eligible for after the 90 day probation?
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Workmans Comp During 90day Probation And Company Benefits

Postby Jerold » Wed Nov 09, 2016 9:41 am

Refusing benefits should NOT follow a work injury generally.  That said, if you are unable to actually perform the work for which you were hired, and the employer cannot evaluate whether you are able to fill this position, the employer may terminate you for failing to pass probation.

Clearly, if you are terminated for failure to pass probation, benefits such as medical benefits will be denied as well.   

More often, I have employers extend the probation period for several months to see whether -- upon your return to full duty -- the worker can actually perform the job for which the worker was hired.

IF YOU CAN PROVE -- proof being the toughest part -- that the ONLY reason you failed to pass the probation period was the work injury, i.e., you can convince a judge you were performing all job duties and 100% of supervisors approved of your work prior to the work injury, you may add a claim of Violation of Labor Code 132a.

To win on a 132a Claim, you have to convince a Judge you were discriminated against solely because you requested Workers' Compensation benefits.

But you had best have a supervisor ready to testify against the company and a positive job performance review to expect to prevail on a 132a claim.  In 20 years of trials, I've only won 1 of those(proving the injured worker was terminated during probation only because she filed a claim).

The work injury for which you requested medical and disability benefits remains ongoing whether or not you are terminated and whether or not you file a 132a Petition.  If you are hurt at work and the employer accepts that claim, you get medical treatment for that injured body part.  And if it's denied, you have to prove at the WCAB that the injury happened on the job before you get treatment.
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Workmans Comp During 90day Probation And Company Benefits

Postby Crayton » Tue Nov 15, 2016 10:23 am

If an employee is injured and claims workmans comp during their 90-day probation, can the company delay the medical & dental benefits that the employee is generally eligible for after the 90 day probation?
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Joined: Sat Mar 29, 2014 11:14 am


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