Workers Comp and Schooling

[mallow_cups]

Hello all. I live in NY. I've been partially disabled from a work related injury for about 2 years now. I was told by my lawyer I should look to return to college. I have been accepted full-time into college for the fall semester. Recently I was called for a job and I have an interview next friday. If I get/take the postion I understand that my workers comp would pay the difference in pay but what happens when I start school and am no longer able to work full-time and go to school full-time? If I have to quit the job to go to school full-time what happens with workers comp? My unemployment has 13 weeks left on it. When I start school am I able to still claim those weeks? Just wondering how Im going to pay my bills. Ugh...

Also does my previous employer have to pay for my schooling? Books? How does all this work out?

Should I take the position and work until school starts and see if they will drop me down to part-time? Please help.


Stressed to the Max in NY

[1171]

it depends on if your schooling is approved as part of vocational rehabilitation.
here is more information on VR benefits for workers comp
http://www.wcb.ny.gov/content/main/Worke..._Rehab.jsp

you should also discuss your employment and rehabilitation issues with your atty.

[mallow_cups]

I'm almost positive the schooling is/will be approved as part of the vocational rehab. I will be contacting my attorney tomorrow but I figured I would ask and see. I'm really just wondering what happens when school starts and if I do have a job (that isn't paying what my previous job was) what happens when I have to go to school full-time. Guess Im just worrying too much.

[AQA]

If you don't mind. Keep us informed. There are actually vary few here that go back to school and your question is a good one. By keeping us informed, others that come to forum will be able to read what has happened.

I am in my fourth year of school and have about two to go. I am studying to become a mechanical engineer. If you don't mind. What is your area of study??

Take Care

[mallow_cups]

I plan on going back for criminal justice. Would love to do CSI or be an analyst or something in that area. I didn't get to call until late so I left a message for my atty. I'm sure I will get a message back Mon. I'm just worried. I don't want to accept the job and then come september have to quit to do school and have the IC (which is my previous employer aka self-insured) say 'Well she had a job and quit to go to school, we are ending her WC payments." I WANT to go to school but I would like this job up until then. We shall see what the atty says. I mean I don't see why they would say anything because the job does not pay as much as my previous position but again the whole WC is just so confusing.

[UndercovrAngel]

If your schooling is approved through the IC, they will only have to pay a certain amount towards it (most of the time it is just tuition) and you will have to find a way in which to pay for everything else.. ie, books, supplies, lab fees etc. There are a lot of pell grants as well as other grants out there you can apply for that never have to be paid back.

As for the job, if you accept it, and the IC makes up the difference in the wages, then quit due to schooling, the IC has fullfilled their obligation for wage replacement. If you get the job and drop down to part time at the beginning of the fall semester, the IC will no longer be responsible for replacement wages as you voluntarily changed your hours to make an accomadation for something you wanted, not something that was medically necessary.

If you quit an employer, you are generally not eligible for unemployment. And those 13 weeks of unemployment you say you still might have, could have fallen off of your unemployment eligibility earnings period, leaving you with no unemployment even if you had a job and were terminated.

Also, you might want to consider that if you find employment now, the IC could claim that you don't need vocational rehab because you have found employment without additional training and it could be denied to you. Then how are you going to pay to begin schooling with the fall semester?

Given your position, if I were you.. and in a way I am, as I am totally and permanently disabled and looking at going back to school but can't do a traditional education in a brick and mortar college.. I would look at attending online schooling which can be done generally any time day or night given the right college and if offered the job, take it and keep working it even when school begins in the fall. Just earn your degree around your employment instead of working around your degree. It may take you a little longer to get your degree this way, but at least you will be able to pay your bills and be able to eat. You never know when that job might open more doors for you and provide more for your future.

Angel ^j^

[mallow_cups]

Thanks a lot Angel! One last question. Do I have to accept a job where the pay is less then my previous employer? I know they make up the difference in pay but how long does that last?