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Hi,

I tripped and got hurt at work and was only out of work for 4 days (so far.) My Dr. told me I may need surgery in a few months because of this but we are trying all other options first. My employer told me that I need to use my sick and vacation time until I'm out of work 5 days and comp kicks in. Is that legal? I'm in MA
yes Massechusetts has a 5 day waiting period. The first 5 days will be paid whenever you've lost 21 or more days because of the injury.
i dont know ur laws maybe you should ask a lawyer first. i would not use my vaction time or sick time just yet........sorry a work comp lawyer.like i said i dont know ur laws all states are different but talk to a attorney.if you use alll ur time now that you may not of had to,that you could use later.just look in to it is all i am saying.
most states have a waiting period ....you can opt to use your sick time if you want a check or you can go 3-7 days without a check your choice.......
The law in MA is that the first 5 days are not compensated by WC. TD begins on Day 6, and if Employee is out 21 consecutive days, then the first 5 days are paid.

The employer is correct. Use your sick leave or vacation leave. Your only other choice is to take it off at no pay.

Good luck to you.


Using your sick/vacation time is one alternative BUT if you opt to wait the 21 days and your claim is accepted you will receive a check going back to the date of injury therefore you will be compensated for the full 21 days you're lost.


CAP
I guess what I don't understand is: If the accident happened at work, why wouldn't the employer pay the 4 days? Why does it have to come out of my sick/vac time? Shouldn't he have to pay it. What if I NEVER need to have the operation? I still lost the 4 days because of boxes piled on the floor where they weren't supposed to be. Our company is only 3 people so by me being out it really causes a hardship. I could have stayed home longer but limped in on crutches because I felt a responsiblity to my job and employer.

chrischris Wrote:The law in MA is that the first 5 days are not compensated by WC. TD begins on Day 6, and if Employee is out 21 consecutive days, then the first 5 days are paid.

The employer is correct. Use your sick leave or vacation leave. Your only other choice is to take it off at no pay.

Good luck to you.


That's why your employer has insurance so they don't have to pay out of pocket. It doesn't matter if you ever have an operation or not it all depends on your injury, the treating Dr. putting you out of work, and the IC accepting your claim as being work related.


CAP
most work comp systems have a waiting period . the general thinking of the lawmakers is that having a waiting period focuses the disability benefit on the most serious injuries and those that may need it the most.
It's a way of selectively reducing the costs not only of the payouts but also the administration.
workers comp is "no fault"; both the employee and the employer share the costs of the injury.
both sides think the other is getting the best of the deal so litigation/dispute resolution costs make comp very expensive to deliver.


Thanks you 1171 for explaining as you did. Sadly everyone seems to suffer then. The legal costs seem to be what costs more than anything and IW are being denied treatment that could be less expensive because of the mind set around WC. I agree with the time line as I have had 2 injuries that didn't take me out of work at all and I was fully recovered from within days.

CAP
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