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Question about returning to work too soon
#1
Hello everyone Smile

I have a question to ask in regards to my husband.

Three weeks ago, he broke his finger on the job (FedEx). He's been receiving Worker's comp (only received one check so far). It's not by any means a serious injury. He just got his stitches removed on Thursday. He was cleared to return to work today (Saturday) and he felt fine to do so. No pain, break is pretty much healed. Well, today he got a surprise. My husband, in the middle of the work day, took off his band-aid and saw under the bright lights that there was still some stitches leftover! He finished up the day and went to the original ER where he got the stitches and the ER doctor said that the fingertip may need to be re-opened to pull them out. His doctor will need to do this. I have no idea what this will entail and if he will be able to return to work right away.

Now...my question is...Can he still get worker's comp from returning this one day to work if the doctor says he cannot work because of this mistake?

We live in NJ, if that helps.

Thanks in advance!
 
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#2
Yes he would still qualify for Temporary Total Disability, if his Dr says he can not return to work. But all states have different criteria for how long a person has to be off work before they begin actual payments. You should look up and read the New Jersey state laws on workmans comp, they will explain every thing you will need to know. You can google New Jersy Workmans Cmp and will be able to locate the laws fairly easly. I wish you the best of luck and him the best with his finger.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
Reply
#3
Yes he would still qualify for Temporary Total Disability, if his Dr says he can not return to work. But all states have different criteria for how long a person has to be off work before they begin actual payments. You should look up and read the New Jersey state laws on workmans comp, they will explain every thing you will need to know. You can google New Jersy Workmans Cmp and will be able to locate the laws fairly easly. I wish you the best of luck and him the best with his finger.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#4
If he's already received a check (TTD) from WC, then the additional lost work time to correct this would be compensated. There would be no waiting period to receive the benefits, since he had already qualified and was eligible for the TTD.

A return to work doesn't close out the claim. It only closes out the TTD, unless there is further medical care requiring him to miss work again for a short period of time.

This shouldn't present a problem with WC.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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