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STD and workers comp - california

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  • STD and workers comp - california

    My wife was injured at work in Oct 2004. In January 2005, her job stopped paying her saying that my wife exhausted her Extended Sick Leave (ESL). Since then they have been paying her "Salary Continuence" at 60% with Workers Comp being DEDUCTED from this amount. Her net pay has been about $15. At no time was she ever given STD paperwork, nor was it noted on her pay stubs.

    Should she be getting 60% STD plus $x,xxx workers comp to equal her regular salary? STD is included in her benefit package and she pays extra into LTD. It is now approaching 6 months and her job keeps refering to STD ending and LTD starting, can STD end if it did not start?

    Confused and Frustrated in California

  • #2

    Are you referring to the state SDI program? As may be seen on the website found at this link, SDI benefits are not combined with workers compensation benefits.

    The terms of the STD and LTD programs are determined by those plans.
    Lillian Connell

    Forum Moderator


    • #3
      She has STD through her employer as part of her benefit package, in addition to SDI. Her job has told her that she has exhausted her extended sick leave and no longer entitled to any income other than workers comp. It has now been 6 months since her injury and her Dr.'s say she can be on modified work, yet her job will not supply any, even after my wife requests work.

      We are at wits end trying to figure out what to do. Thanks for your assistance.

      Update: Can she receive Workers comp and employer STD at the same time to equal her regular salary? One of the HR reps at her job told her she should be, but nothing has come of that yet.
      Last edited by byale1; 04-25-2005, 11:27 PM.


      • #4
        Workers Compensation

        Workers Compensation may be combined with an employer's private STD program. Though workers compensation will not "carve out" benefits received from a STD plan, I'm not sure if that is the case with a STD plan. You will hlave to check ont he plan rules for STD.

        The employer does not have to return the employee back to work if there isn't an appropriate job for her to do. They just cannot single her out for filing a workers compensation claim. They must treat her the same as they would any other employee requiring time off.
        Lillian Connell

        Forum Moderator


        • #5
          What if her company keeps "changing" their way of handling her STD and cannot even give her anything in writing explaining it? Different people in HR and payroll explain it differently and now the Director of HR is involved and we are just gettign more confused.


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