re: Is workers comp difficult to deal with?

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Yes I do but why is employer still paying her? She wasn’t working so I’m not sure what workers comp will say about the situation is all.

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Workers comp doesn't often kick in right away. It is possible she works for a good company they are filling in the gap so she doesn't miss a check. I companies like this are rare but they are out there.

That, and defense attorneys do not want these jobs because it’s a pretty significant reduction in pay. WC judges are paid from $70K to $135K

Tigersbb, Festus, and maybe a few others are the only people in this entire thread who actually know what they are talking about. It is obvious they do this, or something closely associated to it, for a living. I’ve done this for almost 30 years…just not in Louisiana.

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Work Comp adjusters are al first class assholes. Check are late can't get them on the phone all sorts things to make so frustrated you take a low ball settlement you're so tired of dealing with their bullshite

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Not all adjusters are great…but you know who is worse at returning phone calls and providing you with basic and necessary information? The average plaintiff attorney you just hired. And they will now take upwards to 12% of whatever money you would have gotten anyway.

The highlight of an adjusters day is receiving call from a claimant and telling them they cannot talk with them directly anymore because they are represented by an attorney.

If she is salaried, it's no surprise that she got a check. What does the check say the pay is for? She could have been assigned some PTO or sick days if she informed them of the incident. Not sure. Also, workman's comp only kicks in after a certain number of weeks off the job. I believe it is normally three weeks, but could be wrong.

LWCC has been horrible to deal with!! May 1st was the injury and my wife has yet to see a specialist to see what the solution to the issue will be. Has been going to physical therapy and received a call yesterday asking her when physical therapy would be wrapped up because they wanted to pay the bill. Wife told them she was yet to see the specialist so she could resolve the issue with her back. No follow up calls, constantly leaving messages with no call backs. In pain with heating pad and no end in sight.

Workers comp only pays a percentage of your normal paycheck. Check the amount. If it was a slightly reduced amount, then it was indeed a workmans comp payment. There is also minimum amount of days a worker must be out of work. Can't remember, but it's normally 3 weeks before you can claim. It is possible that she received a regular paycheck after she was injured but before workmanship comp kicked in.

Did she get a claim number?

Years ago when I fell from a scaffold and got injured, the company/ WC issued me a claim number. I used that when going to the doctor and PT.

WC insurance can pay the medical claims and the employer can pay the lost wages. Thats not abnormal.

Sorry if this has already been explained, but didn’t want to read every post. I have 38 years experience in WC. It’s not uncommon at all for employers to continue to pay an injured employee’s salary. And if they do, they’re helping the employee as they only get 2/3 under WC.

The reason they do it is not necessarily noble. Usually it’s to keep cost of claim down, so their EMOD stays lower, keeping their insurance rates lower.

WC is a statutory insurance. The injured employee’s rights are guaranteed. The claim is two parts, lost wages (indemnity) and medical. Many employers want to keep it a medical only claim for their rates. But once they realize it’s not a simple injury, they may ask the insurance company to convert it to lost time and start paying the weekly benefits. It’s very common.

There’s nothing nefarious about it. Doing it this way will in no way affect the injured employee’s benefits. They will still have their right to choose a doctor in each field of specialty. It’s merely a cost saving strategy for the company that actually favors the employee as well, in that they receive 100% of their salary, not 66 2/3 of it.

Sorry for the long winded answer.

ETA: it is illegal for a company to force an injured employee to use PTO in lieu of WC. The worker can use it to make up the 1/3 if they choose to. But a worker cannot legally be forced to take PTO and not get paid indemnity, or salary in lieu of indemnity.