How to Pay Injured Employee for Medical Treatment Time

As one of my employees was hurt during normal working hours, we sent him to the doctor for treatment. He did not receive treatment by the doctor in a few hours after planning to end the normal working day. I have to pay for the time spent on the doctor, and if so, how much?

The first question is whether the employer is obliged to pay the time it takes for employees to travel to healthcare workers and the wage that medical staff saw due to injuries and illnesses associated with work.

State law and federal law cover the scenario you outlined for us and I will explain how these two laws interact to solve your two problems To do.

Federal regulations explaining the Fair Labor Standards Act stipulate that "Employees will wait for medical care under the guidance of the employer's facility or employer within normal working hours." (29 Federal regulations 785.43)

This means that the employer is responsible for paying the salary of the employee on the day of injury as you are asked to be considered by the medical professional as a result of injury associated with the work.

Employers are not required to pay the employee's time spent in the medical professional's office beyond the normal resignation time of the employee.

In addition, Article 4600 (e) (1) of the California Labor Code states that employees or their insurance companies will demand compensation for subsequent medical appointments by paying temporary disability compensation for the workers a day Clearly stated. An insurance company, not an employer, pays wages

In summary, it is necessary to go to a medical professional first after paying regular daily salary on the day the employee gets injured, but there is no responsibility for paying the wages the employee expects to receive on the same day.

In addition, other absences from injuries are paid by your labor accident insurance company and will not come directly from you, employers

The labor law helpline is a priority and enforcement member of the California Chamber of Commerce. Labor law and Cal / OSHA regulatory experts explain that it is not a legal counsel for certain circumstances, call (800) 348-2262 or www.hrcalifornia.com Please submit your question

The injured employee has the right to receive all reasonable and necessary medical expenses. This usually leads to a dispute between the employee and the insurance company. If the insurance company believes that the treatment of the employee has been postponed for too long or that the medical professional does not generally accept the treatment, payment of the treatment for reasons that treatment is no longer reasonable and necessary You can refuse. Afterwards, the employee needs to file a claim to the state workers compensation agency to receive payment.

Old rule The former rule defines medical treatment as a treatment other than first aid for injured or sick employees. Medical treatment involves providing medical or surgical care through the use of procedures or systemic therapies. The former regulation defines first aid as "any disposable treatment, visits for subsequent observation purposes, mild scratches, cuts, burns, debris, etc." These usually do not require medical care. The placement of personnel, treatment of time, observation of follow-up survey are also considered first aid measures.

If a doctor or other authorized healthcare professional recommends treatment, you should encourage injured or sick employees to follow your advice. However, even if an injured employee or a sick employee fails to follow the advice of a physician or other qualified health care professional, you must record the incident. At the time of diagnosis, a physician or other approved medical professional must always document work related cases, including cancer, irreversible disorders, chronic irreversible disease, broken bone or ruptured eardrum, according to general criteria . Note to section 14300.7: The most serious injuries and illnesses will result in one of the criteria listed in section 14300.7 (a): death, work days, work restrictions or work transfers, medicine other than emergency Loss of consciousness