Workers Compensation - Workmans Comp Service Center

 

 

 

 

 

 

 

 

Current time: 05-28-2015, 10:01 PM Hello There, Guest! (LoginRegister)





Important Notice: We have deployed some new anti-spam measures that have enabled us to once again allow registration with a simple email verification. However, please do not hesitate to report suspected spam threads should they arise.

Spammers take note - your posts, if successful, will not last here. Our community is vigilant in identifying and reporting spam posts for IMMEDIATE removal. Don't waste your time!

Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Is it legal to be obligated to use my sick time for work related injury?
04-20-2011, 02:29 AM
Post: #1
Question Is it legal to be obligated to use my sick time for work related injury?
While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to for this work related injury. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

Please help!
Thanks in advance!
Find all posts by this user
Quote this message in a reply
04-20-2011, 09:24 AM
Post: #2
RE: Is it legal to be obligated to use my sick time for work related injury?
What state?
Quote this message in a reply
04-20-2011, 12:31 PM (This post was last modified: 04-20-2011 02:56 PM by 1171.)
Post: #3
RE: Is it legal to be obligated to use my sick time for work related injury?
you are confused. the reasons for not working are different.
leave time is not disability.
in most states workers compensation is limited only to disability payments.
you can choose not to get paid for not working rather then draw leave.
in most states if you are medically released to work, you cannot chose to have time away from work for medical appointments classified as "disability".
Find all posts by this user
Quote this message in a reply
05-11-2011, 02:20 PM
Post: #4
RE: Is it legal to be obligated to use my sick time for work related injury?
I know for where I work we are required to use PTO or Sick time for anytime missed for work!
Find all posts by this user
Quote this message in a reply
05-15-2011, 09:09 PM (This post was last modified: 05-15-2011 09:27 PM by mshannon.)
Post: #5
RE: Is it legal to be obligated to use my sick time for work related injury?
(04-20-2011 02:29 AM)lucy Wrote:  While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to for this work related injury. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

Please help!
Thanks in advance!


Hi Lucy. Let me straighten this situation out for you. First of all, it is not legal for your employer to tell you that you have to use sick days for appointments and therapy. This is not legal because you earned those sick days, and I assume you get paid even when you use them. Your employer has to let you go to physical therapy and doctors appointments whether it interferes with their scheduling or not. They cannot fire you at any time while you are on comp, nor can they use it as an excuse to fail you at an evaluation. If the doctor writes you a note saying you cannot work or writes you a note for restriction of duties, your employer has to abide by that decision. My suggestion is that you consult with a workers comp attorney and he or she will let you know what all your rights are. Compensation attorneys only work on contingency and will consult with you even if you only need free advise. I myself have been on a comp related injury for the past 4 years, and my place of employment knows that they can't let me go from the payroll until the case is closed. Your employment should be very careful about what they are doing right now because they can face severe repercussions if they try to force you out because of a compensation claim. If you need anymore questions answered please let me know. I was a manager for a lot of years and dealt with comp all the time.

regards
mshannon
Find all posts by this user
Quote this message in a reply
05-16-2011, 08:43 AM
Post: #6
RE: Is it legal to be obligated to use my sick time for work related injury?
Do you have an Employee's Hanbook? If so you may be able to find you answer in the handbook.

1171 is on target, I worked for a community college and everytime I took off work for a work comp appointment my sick leave time was used.
Find all posts by this user
Quote this message in a reply
05-05-2013, 08:40 PM
Post: #7
RE: Is it legal to be obligated to use my sick time for work related injury?
(05-15-2011 09:09 PM)mshannon Wrote:  They cannot fire you at any time while you are on comp, nor can they use it as an excuse to fail you at an evaluation. If the doctor writes you a note saying you cannot work or writes you a note for restriction of duties, your employer has to abide by that decision.

regards
mshannon

Don't you believe this, not for a minute. A company can terminate you for any reason, at any time.

Myself, and many others on here have been fired while under workman's comp.

I was a 35 year employee that never missed a day in my whole career, and was terminated for "missing time".
Find all posts by this user
Quote this message in a reply
05-06-2013, 07:18 PM
Post: #8
RE: Is it legal to be obligated to use my sick time for work related injury?
Where is written you can't be fired? Would love to read that. I was fired by my employer 3 years ago and we are still trying to settle my case. I was union and they could do nothing about it
Find all posts by this user
Quote this message in a reply
05-06-2013, 08:24 PM
Post: #9
RE: Is it legal to be obligated to use my sick time for work related injury?
The only time your job has protection is if your in the fmla requirements. There is no such thing that they cant fire you, they can do what ever they want. You can fight them for wrong full termination but that can be a hard case to win. I know it sucks, but if you have paid sick time you might as well use them up while they say your still employed....JMO.
Find all posts by this user
Quote this message in a reply
05-06-2013, 10:56 PM
Post: #10
RE: Is it legal to be obligated to use my sick time for work related injury?
(05-15-2011 09:09 PM)mshannon Wrote:  
(04-20-2011 02:29 AM)lucy Wrote:  While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to for this work related injury. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

Please help!
Thanks in advance!


Hi Lucy. Let me straighten this situation out for you. First of all, it is not legal for your employer to tell you that you have to use sick days for appointments and therapy. This is not legal because you earned those sick days, and I assume you get paid even when you use them. Your employer has to let you go to physical therapy and doctors appointments whether it interferes with their scheduling or not. They cannot fire you at any time while you are on comp, nor can they use it as an excuse to fail you at an evaluation. If the doctor writes you a note saying you cannot work or writes you a note for restriction of duties, your employer has to abide by that decision. My suggestion is that you consult with a workers comp attorney and he or she will let you know what all your rights are. Compensation attorneys only work on contingency and will consult with you even if you only need free advise. I myself have been on a comp related injury for the past 4 years, and my place of employment knows that they can't let me go from the payroll until the case is closed. Your employment should be very careful about what they are doing right now because they can face severe repercussions if they try to force you out because of a compensation claim. If you need anymore questions answered please let me know. I was a manager for a lot of years and dealt with comp all the time.

regards
mshannon


ROFLMFAO OH lordy Ms shannon pull that stick out of your back end and read up on things before you tell people things that may not be true.we have different rules in every state and boy howdy not many of them left that have to hold your job open for you,that is the reason we ask for people to tell us what state they are from.I would like to welcome you to our board,But caution you to look before you leap as to not give the wrong info to someone who is already hurting enough.
Okay gang ya think the zanax is working or do I need to up the dosage?

........I love cats, I just cant eat a whole one by myself......
Find all posts by this user
Quote this message in a reply
Post Reply 


Possibly Related Threads...
Thread: Author Replies: Views: Last Post
  Returnig to work after an injury California_Help 3 3,109 05-08-2015 10:20 PM
Last Post: California_Help
  can i get a second surgery from work comp due to re-injury during post -op linemanmjk 4 862 02-24-2015 12:29 AM
Last Post: linemanmjk
  Interesting legal decision in Florida 1171 15 1,515 01-16-2015 12:27 PM
Last Post: 1171
  Injury while out on work comp Ny state chris T 1 759 12-07-2014 12:51 PM
Last Post: 1171
  Is this Legal? ( Northern California) long injuredandconfused 3 811 11-08-2014 10:29 PM
Last Post: California_Help
  work injury Kgirl 12 6,652 10-19-2014 01:47 PM
Last Post: Timothy Belt
  Sick time used as supplement mustangmustanger 4 1,327 06-18-2014 09:38 PM
Last Post: 1171
  Video Record Med Legal Exams Shadow 4 1,272 05-31-2014 12:51 PM
Last Post: California_Help
Wink Back injury from work 2011 now having nerve damage Rebecca 8 5,043 04-18-2014 05:15 PM
Last Post: California_Help
  Vacation/Sick Time Accrual During Workman's Comp Leave msyentah188 1 2,490 04-05-2014 01:33 PM
Last Post: 1171

Forum Jump:


User(s) browsing this thread: 1 Guest(s)


WorkersCompensation.com Attorney Locator Service. Get a free consultation today!





Contact Us | WorkersCompensation.com | Return to Top | Return to Content | Lite (Archive) Mode | RSS Syndication