temporary injury

[clumsy]

I dont know a whole lot about workmans comp, but doesnt it mean that you get compensated if you get hurt at work?? Last Sunday I was at work, I drive a forklift. When I stepped off the forklift I turned my ankle and sprained it. My supervisor called this new thing called medcor, which is where you talk to a registered nurse. After explaining to her what was going on with my ankle, the swelling and all that, she said it was necessary for me to go to the er. When I got there after 3 hours of waiting, the doctor said for me to take 2 days off and keep my ankle elevated. When I got back to work today I was told that I wouldnt get paid because you have to be off at least 7 days in order to get paid!!! What kind of since does that make????? If anyone has any information on this I would appreciate it because I cant find any logic at all.

[mistreated]

Generally in TN it is you have to be off 7 days. Do you have sick time? They should have paid you for your time at the ER.

[clumsy]

Thats what I've been hearing but it still doesnt make any any scense.
I mean I got hurt at work.
Their nurse told me to go to the er.
And the doctor told me to stay home 2 days.
I make almost 15 dollars an hour and we work 10 hour days
I've lost almost $300!!
And they dont have to pay me for it???


Do you think maybe its because its not worth getting a lawyer to recover less than you would make in 7 days???

[1171]

most states have "waiting periods" before disability payments kick in. the waiting period is paid for serious injuries -- usually when you are off a couple weeks or more.

Not all lost time covered by workers comp. you can take leave time or some have income protection policies that might pay.

even if they paid you right away you wouldn't get full pay -- work comp rates are capped by law.
work comp costs both the employer AND the worker -- it's a no fault system.

[lfoster21]

It's the same in VA, a 7 day wait. For those who are off for more than 7 days will then get paid for those 7 days and any other days off they take. So basically you'd be better off if the Dr. told you to take a week off of work, they they would pay you. I guess you didn't have any reg. sick leave, huh. What about family medical leave, would this qualify for that? I can't remember if you can apply for it after the fact and get the back pay.

Good luck.

[frustratediw]

lfoster21 Wrote:It's the same in VA, a 7 day wait. For those who are off for more than 7 days will then get paid for those 7 days and any other days off they take. So basically you'd be better off if the Dr. told you to take a week off of work, they they would pay you. I guess you didn't have any reg. sick leave, huh. What about family medical leave, would this qualify for that? I can't remember if you can apply for it after the fact and get the back pay.

Good luck.

FMLA does not provide that your employer has to pay you for the time you are off. It does protect your job as well as your benefits and your employer must maintain any medical that is provided. You may be able to use any sick or vacation time if you have it available. If you do not it is unpaid leave unless your employer provides for it to be paid within their own policies. They DO NOT have to. It seems to be a fairly common misconception regarding FMLA.

It may not be fair however the fact is that there are waiting periods and unless your injury keeps you from working beyond that time then WC does not pay for the lost time. Usually employers will allow the use of any accrued sick or vacation time. Unfortunately if you do not have that then you are out of luck.

[rholmes]

In CA it's the same thing except the wait is only 3 days, unless you are admitted into the hospital I think But if you are off longer then the waiting period you do get paid all the money you are entitled to.


I hope you feel better soon. Sometimes it is worth loosing a couple days pay as not to be in this workers comp hell.


good luck

RH