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Started By
Message
Question for OT attorneys re: workers comp
Posted on 11/24/15 at 10:05 pm
Posted on 11/24/15 at 10:05 pm
A buddy of mine was hurt on the job. He works retail and was in the loading dock and had something fall on him.
EMS came to check it out. They left and my buddy drove himself to an urgent care just to be checked out.
His work is covering the medical bill for it.
Here's the issue. He was told he won't be paid for the day he was hurt. Is this right? He was at work and on the clock when it happened. He would've worked a full day, as usual had this not happened.
Shouldn't he be paid? Seems like he would be.
And no, this isn't really about me.
EMS came to check it out. They left and my buddy drove himself to an urgent care just to be checked out.
His work is covering the medical bill for it.
Here's the issue. He was told he won't be paid for the day he was hurt. Is this right? He was at work and on the clock when it happened. He would've worked a full day, as usual had this not happened.
Shouldn't he be paid? Seems like he would be.
And no, this isn't really about me.
10
Posted on 11/24/15 at 10:07 pm to King of New Orleans
They aren't paying him because he left to go to urgent care?
Posted on 11/24/15 at 10:08 pm to The Mick
They aren't paying him because he didn't work that day. Makes no sense because he was at work when he got hurt. Shouldn't he be paid? He wouldn't have left had he not been hurt.
Posted on 11/24/15 at 10:09 pm to King of New Orleans
I'm pretty sure that "hours/wages lost" is a different claim...
It should be covered by WC, but then again, I don't know what I'm talking about...
It should be covered by WC, but then again, I don't know what I'm talking about...
Posted on 11/24/15 at 10:12 pm to King of New Orleans
Unless they felt he didnt need to leave since EMS said he was fine... without all the facts its hard to say.
Posted on 11/24/15 at 10:15 pm to The Mick
All the facts are in the OP. That's literally how it happened.
Just makes no sense.
Just makes no sense.
Posted on 11/24/15 at 10:17 pm to King of New Orleans
He can be out a whole week and not get paid. If he stays out for 6 weeks they have to go back and pay him for that lost week.
Posted on 11/24/15 at 10:18 pm to King of New Orleans
Not an attorney here. But if in La., there is a 7 day waiting period before lost wages are paid. Thus, if you return to work within 7 days of the accident, you are not entitled to any indemnity benefits.
Your company can choose to pay him wages if they want. But the insurer is not obligated by law.
Your company can choose to pay him wages if they want. But the insurer is not obligated by law.
Posted on 11/24/15 at 10:18 pm to King of New Orleans
May depend on if he's full time/ part time/ contract labor/ benefits package if any/ etc. Thats what I meant by facts, not that you were leaving any details out about the accident.
Is it a big company he works for?
Is it a big company he works for?
Posted on 11/24/15 at 10:19 pm to TigerGman
quote:
If he stays out for 6 weeks they have to go back and pay him for that lost week.
That's been reduced to 2 weeks.
Posted on 11/24/15 at 10:44 pm to Festus
quote:
That's been reduced to 2 weeks.
I stand corrected. Thanks.
Posted on 11/24/15 at 11:04 pm to The Mick
He works for a large store. National chain. Full time.
Posted on 11/24/15 at 11:15 pm to King of New Orleans
Paid for the time he worked that day. Not required to pay him anything for any lost time in the first 7 days, your buddy is on his own for any time missed then.
Posted on 11/24/15 at 11:33 pm to King of New Orleans
I'm a WC adjuster.
Most employers pay their injured worker (IW) for the DOA, but they don't have to. No one (employer or carrier) is responsible for the first 7 days. The insured can (I wouldn't) chose to pay the IW through the waiting period or the IW can use sick time/vacation time (if the company has it) to get through until comp picks up. If the IW is out 2+ weeks the 1st week is paid back. Used to be 6 weeks before you got the 1st week back. If he RTW within the waiting period then he's owed no wages. The 7 days accrue so if he misses a couple of days (has to be doctors orders, not just because he's slacking) then goes back and misses a few more that up to 7 calendar days then he'll start receiving comp.
If he's released to return with restrictions the employer can accommodate and does not do so he's not owed wages. If he makes decent money he's better off working until released on full duty. 66 & 2/3 of your average week wages ain't much for high wage earners.
Max comp rate right now is about $640.00/week and is based on the 4 weeks prior to the DOA.
Most employers pay their injured worker (IW) for the DOA, but they don't have to. No one (employer or carrier) is responsible for the first 7 days. The insured can (I wouldn't) chose to pay the IW through the waiting period or the IW can use sick time/vacation time (if the company has it) to get through until comp picks up. If the IW is out 2+ weeks the 1st week is paid back. Used to be 6 weeks before you got the 1st week back. If he RTW within the waiting period then he's owed no wages. The 7 days accrue so if he misses a couple of days (has to be doctors orders, not just because he's slacking) then goes back and misses a few more that up to 7 calendar days then he'll start receiving comp.
If he's released to return with restrictions the employer can accommodate and does not do so he's not owed wages. If he makes decent money he's better off working until released on full duty. 66 & 2/3 of your average week wages ain't much for high wage earners.
Max comp rate right now is about $640.00/week and is based on the 4 weeks prior to the DOA.
This post was edited on 11/24/15 at 11:44 pm
Posted on 11/24/15 at 11:37 pm to King of New Orleans
I'm not a lawyer, I just play one on OT.
Injury was in the course of employment. Unless you can prove that whatever fell on him was an intentional tort, workman's comp is your only option. They do owe for lost wages, so employer should pay him for that day.
Injury was in the course of employment. Unless you can prove that whatever fell on him was an intentional tort, workman's comp is your only option. They do owe for lost wages, so employer should pay him for that day.
Posted on 11/25/15 at 1:50 am to King of New Orleans
My company begins paying at start of next scheduled shift.
Posted on 11/25/15 at 2:00 am to King of New Orleans
May vary in some states, but lost wages are generally not covered if he returns to work within 7 days.
Posted on 11/25/15 at 6:37 am to King of New Orleans
The company is not obligated to pay until after the 7 day window, but if we have a worker get injured he is paid for his shift when the accident occurred. We also try like hell to get them back into the shop even if on light duty so that we do not have a Lost Time accident on our OSHA 300 logs. Most people like to come back to work and get their full pay because WC and Short Term Disability only pay about 70%.
This post was edited on 11/25/15 at 6:39 am
Posted on 11/25/15 at 6:51 am to King of New Orleans
Lawyer up 
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