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+--- Thread: on w/c for 10 months (/showthread.php?tid=6691)
on w/c for 10 months - whiteheadsr - 02-15-2009 11:13 PM
Hey I am from Florida this is my first question on the forums so I hope i did this right.
I tore tendons and chiped a bone a work. I have had surgery and now in a permant brace for my wrist, My arm does not go straight anymore due to surgery for the tendons in the elbow. I got my MMi it was a 4 but my restions are alot and now my boss said she is not firing me or laying me off but she has no work that i can do because of the restrions. Oh I was a fast food general manager.ok now My question is will W/C still pay me since I have an mmi and my boss wont let me come to work or do i need to try to find a job with my restions but get on unemployment while trying to do this. I have no clue on this.
RE: on w/c for 10 months - AQA - 02-16-2009 12:21 AM
I am unfamilar with your state laws.
In the states I am familar with, once you are at MMI, the only thing left is the settlement or the monitary benifits for the MMI rating.
If your dr. is saying that you can work, but have the restriction. I would be applying for unemployment and looking for work elsewhere.
RE: on w/c for 10 months - Manley2 - 02-16-2009 12:17 PM
Have you talked to a lawyer about your case?
RE: on w/c for 10 months - sparkey - 02-16-2009 08:20 PM
Wouldn't WC still be paying because they have no work within his/her restrictions?
RE: on w/c for 10 months - 1171 - 02-16-2009 10:31 PM
no sparkey not unless the rating was for total disability.
RE: on w/c for 10 months - whiteheadsr - 02-17-2009 05:35 PM
Thank you for all your help, I am gonna file for unemployment tonight online. But if my boss said I am not fired or laid off will i still get unemployment. this stuff is so confusing.
RE: on w/c for 10 months - whiteheadsr - 02-17-2009 05:37 PM
ok one more question. W/C cut me a check for 608 and it says LIB what does LIB stand for. usually my checks were saying for the weeks of work.
RE: on w/c for 10 months - lfoster21 - 02-18-2009 12:22 AM
In VA, once I hit MMI, I was told by my lawyer that I would still get my checks, until I was able to find a job and that it was going to be their job to find me one that will fall in my restrictions. As for unemployment, I believe that they may not be letting you go, so that you don't get it. But, that is just my thought. When you go to apply for it, they will want to know if you quit or got fired and you will have to say neither...you still have a job, so to speak of, you just have restrictions that they can't work with. If that is the case, you will have to prove that you are still hireable somewhere else. I asked my lawyer about this and she said that I would not qualify for unemployment at this point, because of all the restrictions...Im not hireable.
I wish you the very best of luck. Please keep us posted with what you find out.
RE: on w/c for 10 months - whiteheadsr - 02-18-2009 04:32 PM
lfoster21 Wrote:In VA, once I hit MMI, I was told by my lawyer that I would still get my checks, until I was able to find a job and that it was going to be their job to find me one that will fall in my restrictions. As for unemployment, I believe that they may not be letting you go, so that you don't get it. But, that is just my thought. When you go to apply for it, they will want to know if you quit or got fired and you will have to say neither...you still have a job, so to speak of, you just have restrictions that they can't work with. If that is the case, you will have to prove that you are still hireable somewhere else. I asked my lawyer about this and she said that I would not qualify for unemployment at this point, because of all the restrictions...Im not hireable.
I wish you the very best of luck. Please keep us posted with what you find out.
Well unemployment said i am still employed eventhout my boss wont let me work due to restrions butI have no income now. Workmands comp will not pay since i have mmi and unemployment wont pay since i am still employed ans my boss wont let me work.
RE: on w/c for 10 months - Manley2 - 02-18-2009 04:35 PM
Do you have a lawyer? If not talk to one.