If you are injured in the job do you have to clock out to receive medical help?

If so, for follow ups can ur job make u work past your time because you are going to the doctors for workers comp because they made you clock out in the middle of your shift?

Asked on July 12, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Yes, you have to clock out when you are seeking medical assistance if the employer wants you to--they could choose to keep paying you while you are at the doctor's, clinic, or hospital, but are not required to do so. Employers only need to pay while you are working.

2) An employer can require you to work additional hours whenever they want, including to make up for time lost for medical attention, unless you have an employment contract which sets or specifies your shifts or hours.

3) If you were injured on the job, depending on the circumstances, you may have a claim for Worker's Compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.