my daughter injured arm and hip by slipping on water at work and they will not pay for time off for physical therapy, only mileage. Is this right?
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my daughter injured arm and hip by slipping on water at work and they will not pay for time off for physical therapy, only mileage. Is this right?
Slipped on water at beauty school, hurt arm, shoulder and hip. job sent her to their physical therapist, but will only pay mileage, and will not pay for time away from work. says she must schedule time when she does not have to work.
Asked on October 7, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the employer was at fault in causing the water to be there, then they should have to pay for all your daughter's costs (including lost wages). So you say she slipped "at beauty school": if the beauty school is her employer and they were negligent, or careless, in allowing a pool or puddle of water to persist and not cleaning it up despite a reasonable opportunity to do so, that could make them liable for all her costs and, if she suffers long last disability, some amount for "pain and suffering." (If they won't pay voluntarily in this case, she'd have to sue them for the money.)
However, if her employer was not at fault, such as if--
* Her employer was the beauty school, but your daughter spilled the water, or it just spilled a moment or two ago, and there was no reasonable time to mop it up; or
* Your daughter's employer is not the beauty school
--the employer doesn't owe her anything; unless they were at fault, they are not liable in any way. That means not only do they not need to pay her for time away from work, but they don't even need to pay mileage if they choose to not do so.
In either event, whether they were responsible for not, they could require her to schedule therapy not during work hours; an employer does not need to allow employees to miss work for medical care (unless the employee is suing paid time off, like sick live, for the time; or is eligible for an suing FMLA leave).
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