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WC - TTD\PPD and finding a job
#1
I need to understand something. If you are receiving ttd for a work injury then doc puts you on restrictions to rtw. The restrictions which make it near impossible to find a job - your employer terminates you becasue they would not accommodate how can they change your weekly wage if you cannot get a job that you can not do either physicaly or by lack of education or skills. Are you just supposed to go without income. I worked for a large employer who has\had job openings but they chose to terminate me rather than offer employment not their IC wants me to rtw or else
 
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#2
it depends on your state comp laws but in impairment based states:
they don't change your wage; comp pays disability not wages.
when you reach Maximum Medical Improvement and your restrictions are permanent and no longer temporary, Temporary Total Disability stops and you are eligible for Permanent Partial Disability.
some states have a lower Maximum disability rate for PPD
again depending on your state the employer is not responsible for whether you can find another job within your restrictions.
again depending on your state employers are not required to create or find another job for you.

unless you are given permanent total disability you will have to find work within your restriction.

Federal ADA laws do however require that the employer discuss reasonable accommodation.
for more on ADA
http://www.ada.gov/

it would help if you posted your state
http://www.workerscompensation.com/forum...?tid=10146
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(04-06-2014, 11:07 AM)forumposter100 Wrote: I need to understand something. If you are receiving ttd for a work injury then doc puts you on restrictions to rtw. The restrictions which make it near impossible to find a job - your employer terminates you becasue they would not accommodate how can they change your weekly wage if you cannot get a job that you can not do either physicaly or by lack of education or skills. Are you just supposed to go without income. I worked for a large employer who has\had job openings but they chose to terminate me rather than offer employment not their IC wants me to rtw or else

Cannot answer this question without knowing your state, as each state has different workers compensation laws.

Some states like California, have laws that state if the employer will not accommodate your restrictions and do not allow you to return to work, then TTD begins again, but there is a cap of number of weeks you can receive TTD. This is not the case for other states.

You should consider consulting with a labor law attorney about your termination, to see if it was legal. I also recommend consulting with a few workers compensation attorney's, and then hire one.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
I am in PA
 
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#5
here is information on Workers comp in Pennsylvania

http://www.portal.state.pa.us/portal/ser...=2#howmuch
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
A quick glace of the link provided by 1171....I recommend consulting with a workers compensation attorney.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#7
thanks for the links - I do have an atty but need more advice as I am not sure I have been given all the information about the process.
Looking at the excerpt I post; how does an employer show evidence to prove that emplyments is available to you if they are not offering the job???
I understand they dont actually get you a job. Even fully able bodied people dont always get a job even after interviewing so if you have limitations which are obvious and lack formal education it is near impossible as many jobs are either physical or you need proper education. Most jobs dont necessarily post every job requirement but rather other duties as assigned so how do you know for instance that 2 days a week you may need to move items or pick up stuff even in a suposed sedentary position
"If, after you begin to receive benefits, your employer has evidence to prove that employment is available to you, within your medical restrictions and in your local area, you may receive an offer of employment. You have the right to either accept or decline the job offer.

If you decline, the employer may then petition a WC judge to either reduce or stop your wage-loss benefits based upon that job. The insurer/employer must continue to pay benefits during the hearing process unless the judge orders otherwise."

 
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