On leave due to injury
I got hurt at work. Got put on medical leave now they are ess carrying to say they don't need to pay me for time lost because I was as taken off the schedule when I got hurt....I was under the impression that workmans comp was supposed to pay me my regular scheduled hrs for all th err time I was and am out with this injury. So I called a lawyer. Now I as m being offered another job elsewhere but the lawyer is saying I can't take it till I am off the injured list....I have no income because they are not paying me.. how am I going to pay my bills if I can't work?
Cissy Keller: Contact your L&I (workmen's comp) representative and clarify the situation with him or her.
As far as I remember, you would be put on light duty, but carried an any work schedule that is prepared while you are recovering. You are on the schedule, but not required to work. Check with you Personnel Dept or Human Resources to verify this. If you should be on the schedule, let scheduling know & then inform your supervisor that you are on the schedule, but won't show up.
I think that is the way you are shown on a schedule for 6 to 12 weeks while WC pays your wages. After the time runs out, you will be with WC until your doctor releases you back to full-time work. You may be shown an a limited duty schedule, but not removed from any work schedule at work. You should not be sown as fired or laid off. Employers would like that description of your status, because they could hire another person in your place. With you on WC, they can't hire a person to take your place.
Have your lawyer do his job, and force your employer to pay you for the time you are off, if they don't offer WC. They are receiving the WC, and not forwarding the payment to you, as they should. Any WC payment received should be turned over to you. You should receive a payment directly from WC two weeks after your accident. If you don't contact you WC counselor, or contact your labor lawyer.
A labor lawyer will be different than a straight lawyer. He will know the in and outs of labor law and will be able to tell you directly your rights under workmen's compensation & your regular wages. Find a lawyer who will tell you how WC works & what an employer is required to do under WC laws & Rules and regulations.
Hi Cissy, I have been through this. What you have to show, is on the day of the injury. What was your schedule. If you had already been taken off the schedule before the injury, then that will be a hurdle. If they took you off the schedule after the day of the injury, then you are covered. Either way, you will get your benefits but one way is a little harder. The lawyer will and should be asking you these questions. You pay into this program, so you will get your benefits and when you do, you will get back pay. So take a deep breath and relax. Stay in touch with your bills and explain to them what's going on.
I had a hip replacement in 2015. Shortly after surgery, I developed Sepsis which turned my 4-week FMLA/Short term disability into a 6-month long recovery. My job was protected and I still got paid 100% of my salary for the 1st 6-weeks and then from 7-weeks on it was 75%.
Almost a year later, I got another infection in the same hip, and off I went into FMLA/Short-term disability and a 5-month recovery. Again, job protection and salary.
FMLA is unpaid but it protects your job up to 12-weeks. Short-term disability like I explained covers your salary. Check with your company and see what they offer. Worker's Comp takes care of injury/illness that occurs in the workplace. It's insurance that provides you with wage replacement and medical benefits. Basically, "in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence.
What do you mean by ‘Medical Leave’ ? That basically means you are taking time off, voluntarily. Why aren’t you on Short Term Disability? Perhaps they withheld this information from you? In any case, they are counting on your ignorance.
Even without knowing the specifics of your situation, your first move should be to contact HR and ask about Short Term Disability. HR is on your side; they’re your resource. Even if you were just having your tonsils removed, you would go on Short Term Disability—which pays for six months. After that you would go on Long Term Disability and probably Social Security Disability.
Workers Comp is a whole separate issue.
To get paid, now, not eventually, the two things you need to do are apply for both Short Term Disability through your company, and Social Security Disability. You may be additionally eligible for supplemental disability. These should all pay retroactively once you get them straightened out. It’s a pretty easy, straightforward process.
Worker’s Comp is the hard part because it’s privately insured. They will pull every dirty trick to avoid paying. That’s all they do every day. They’ll send you to a doctor who will say you danced Swan Lake in front of him even if you had no legs. They’re whole goal is to exhaust your ability to fight.
They've got you over a barrel.....NOW...do you wanna get fucked???
Make sure your attorney specializes in personal injury
What does your handbook say? I don't believe you get full pay though. You get a percentage.
Did you get hurt while on the clock ?
Hi again Cissy, I wanted to check in and see if your case is moving forward in a positive direction. Did you start getting paid?