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Off for 2 months and no wage benefits - Printable Version

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Off for 2 months and no wage benefits - 2000silverz28 - 07-31-2015

I'm in Tennessee.  I've been off work for two months with a back injury and I haven't received any wage payments since my injury.  Here's the back story.

I was injured on May 23, 2015.  I filled out an injury report before I left that day but didn't request a workers comp claim.  I went home thinking my back would feel better if I took some pain medicine and rested.  That didn't happen so I ended up at a late night clinic and was told I had a pulled muscle in my back and was taken off work for a week.  After that week it hadn't gotten any better but I went back to work and filled out a workers comp claim and worked 8 hours that day on light duty as assigned by my supervisor.  After the 8 hours I was in unbearable pain.  I left that day and I haven't been back since.  I talked to the lady that handled my workers comp claim and she said I was fine with being off because she knew I was in pain. 

I was assigned a claims adjuster to make my doctors appointment and take care of my claim.  I was told by my work that she would take care of things from that point on.  It was over 2 weeks before I even heard from the claims adjuster.  My conversation was recorded and I told her I was off work because of my injury.  I just seen the doctor on July 22, 2015.  I haven't received any wage payments since I was injured. 

Now my question.  Should I have been receiving wage payments of 66 2/3rds of my salary since my injury or do I receive nothing if the doctor says it's a preexiting injury since I've had back problems in the past?  I was under the impression that I should be receiving weekly payments until the claim was denied.  I just need to know the facts so I know what to do next.  I'm waiting on an MRI to be approved now.  It's been a week since that was started.  The adjuster won't return phone calls or emails so it makes this very frustrating.  Thanks for any advice.


RE: Off for 2 months and no wage benefits - 1171 - 07-31-2015

in order to get temporary disability payments you need a physician's approval to be off work,
make your doctors have notified the employer/carrier of you your disability status.

aggravations of a pre-existing condition is a new injury and entitled to comp benefits.

you can also contact the Bureau of Workers’ Compensation by calling 800-332-2667.
http://www.tn.gov/workforce/topic/wc-injured-employees-assistance


RE: Off for 2 months and no wage benefits - 2000silverz28 - 07-31-2015

(07-31-2015, 11:34 AM)1171 Wrote: in order to get temporary disability payments you need a physician's approval to be off work,
make your doctors have notified the employer/carrier of you your disability status.

aggravations of a pre-existing condition is a new injury and entitled to comp benefits.

you can also contact the Bureau of Workers’ Compensation by calling 800-332-2667.  
http://www.tn.gov/workforce/topic/wc-injured-employees-assistance

So if the doctor says I had good reason to be off work for the last 2 months will I get back pay for that time?


RE: Off for 2 months and no wage benefits - 1171 - 07-31-2015

not necessarily.
the reason has to be the disabling on-the-job injury.


RE: Off for 2 months and no wage benefits - 2000silverz28 - 07-31-2015

(07-31-2015, 12:05 PM)1171 Wrote: not necessarily.
the reason has to be the disabling on-the-job injury.

That's what I mean.  If the doctor says that the injury that I suffered was the reason I was off work will I receive back pay?  I guess my main question is will I be paid for my time off even if my claim is denied after the doctor reviews the MRI?  I'm completely confused on this because the medical case manager nurse that went with me to the doctor said that I should have already be receiving payments.


RE: Off for 2 months and no wage benefits - 1171 - 07-31-2015

if the doctor you saw on 7/22 confirms that you needed to be off work because of the injury on May 23, then you will receive disability payments for your time off.
if the doctor you saw on 7/22 says you were not disabled or your current condition is not because of the may 23 work injury, you will NOT be paid disability for the time off.

taking time off work because you were in pain is one thing; there is leave time, vacation, sick or sometimes unpaid leave all provided by the employer
getting disability payments for the time off is another. that requires medical approval by a comp doctor and is covered by the insurance carrier.
the two are not the same.

you took more then a week off without a doctor's approval. comp won't pay without medical evidence to support the time off.
I'm not sure what is confusing you, so I can't make it much clearer.