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refusal to pay weekly comp check
#1
After having broke my foot on the job and being provided a no work order by the doctor my employer pleaded that I return to work and just sit in a trailer, rather than go out on a lost time injury. I spoke to an attorney who told me to go ahead and continue recieving my pay and when they no longer want to keep paying me to sit there, I could then file for worker comp. The company paid for soemone to come to my hotel room, pick me up, and drive me back and forth to work. It's illegal to drive with a cast on your foot. After a month however they laid this guy off and I had no means of going to and from work without violating the law. So beacause I live in NC and was working in MD I refused and had my family drive 5 hours to come and get me. Additionally, they now wanted to reduce my hours, and pay. I said I wasn't going to violate the law, nor accept anything less in pay or position and went out on my no work order. After filing the work comp claim, the insurance company accepted the claim but filed exceptions saying I missed no compensatable time because I was offered light duty work but refused. The lawyer calls and says I'm not going to win, even though I was not on light duty, I had no work, and had numerous medical issues that precluded me from continuing. Can anyone make sense of this? I had a NC workers comp attorney tell me that my lawyer was possibly looking for a quick pay out...I don't know....any info would greatly be appreciated.
 
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#2
If they offer you a job that pays less and has less hours.....you still must accept it. WC makes up the difference in pay rate. In other words, if you were orig making 100 bucks a week, and now only making 50....w/c has to make up the difference of 50 dollars. Thay can call it refusal to work since you declined the job....and you may be sunk. as long as they offer you work that stays within your written work restrictions..one must at least try it. if pain causes you intolerance, then you have to go to ER to prove there is actual a problem. then possibly doctor will write another "stay off work slip".
Not 100% sure you lawyer is looking for an easy buck....you simply didn't follow protocol.....hence the stopped checks.
Good luck, Lily Smile
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#3
Lilly Wrote:If they offer you a job that pays less and has less hours.....you still must accept it. WC makes up the difference in pay rate. In other words, if you were orig making 100 bucks a week, and now only making 50....w/c has to make up the difference of 50 dollars. Thay can call it refusal to work since you declined the job....and you may be sunk. as long as they offer you work that stays within your written work restrictions..one must at least try it. if pain causes you intolerance, then you have to go to ER to prove there is actual a problem. then possibly doctor will write another "stay off work slip".
Not 100% sure you lawyer is looking for an easy buck....you simply didn't follow protocol.....hence the stopped checks.
Good luck, Lily Smile


I understand what you're saying but my work restrictions were NO WORK. Nothing. NO WAY. And at that point a workers comp claim hadn't even been filed yet. It was after they took my transportation to and from work that I then went out on the NO WORK order. I'd completely agree with you, if I was on a light duty with work restrictions. But when there is a no work order then I can't understand how you reach that conclusion. Additionally, I was in a cast, using crutches, and they now wanted me to sit in a trailer that had no bathroom, drink or food machine, and I had to go outside to even smoke. To do that I had to wobble up and down a sert of poorly made aluminum stairs. And as a side note the bathroom was an port=a=john. Have you ever tried using one with a broken foot, crutches etc?
 
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#4
If employer is considering the light work ... most states say that you need to try ... if to painful ask dr for new restrictions .......its the time lost that they dont want to pay .... makes thier i/c go higher .........
 
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#5
Hi,
If you have from a doctor a "No work" slip....what are you doing working? Especially if you aren't suppose to drive?? Do not let your boss intimidate you or plead you into going against ANY or your injury restrictions.
Stay within restrictions, or you risk your whole case. Not your problem if he needs someone in the trailer!
That's your employment's problem that they did not file w/ wc in a timely manner...the actual date of the accident will be on the paper work to the state and you will be reimbursed ( weekly checks) for missed time and any medical (depending on state).
Make sure your work place has a slip from the treating doctor. In actuality, you are a super high liability even being at work in a cast & on crutches. My employment wouldn't allow you on the premises in that condition (insurance risk).
Take care, LillySmile
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#6
Lilly Wrote:Hi,
If you have from a doctor a "No work" slip....what are you doing working? Especially if you aren't suppose to drive?? Do not let your boss intimidate you or plead you into going against ANY or your injury restrictions.
Stay within restrictions, or you risk your whole case. Not your problem if he needs someone in the trailer!
That's your employment's problem that they did not file w/ wc in a timely manner...the actual date of the accident will be on the paper work to the state and you will be reimbursed ( weekly checks) for missed time and any medical (depending on state).
Make sure your work place has a slip from the treating doctor. In actuality, you are a super high liability even being at work in a cast & on crutches. My employment wouldn't allow you on the premises in that condition (insurance risk).
Take care, LillySmile

Okay, now that I've established that I had a "no work" slip from the date of the injury till present day, how is it plausible for them to refuse paying me a weekly check because I left the job. Please referred back to my original post. Thanks for your imput Lilly. Mark
 
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#7
Hang on here;

Employee was injured. May have been given a no work silp.

The employer honnored such slip by letting you sit and do just that, do nothing at work. Don't blame the employer here. You didn't work while sitting. Has nothing to do with a Port-A-Pot neither. You may not be able to drive, but you were not saying you were restricted from stairs?

Your Attorney gave you the proper advice also. (I spoke to an attorney who told me to go ahead and continue recieving my pay and when they no longer want to keep paying me to sit there, I could then file for worker comp.) You may just need to re-read that part. It states if the employer doesn't wish to pay you to sit anymore then you can go out on the no work order. If the employer is in cut backs, and hours being reduced, they never said they won't pay you. meaning injured or not, you still would be getting reduced hours. You elected to remove your self from work, not the employer.

Who made the proplems here, no one else but you. You should of seaked proper advise before you made your own decision.

If I were you, I would try to get myself back to work, and sit in that trailer.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#8
tweety00 Wrote:If employer is considering the light work ... most states say that you need to try ... if to painful ask dr for new restrictions .......its the time lost that they dont want to pay .... makes thier i/c go higher .........

I understand that lost time injuries cost them in the long run with their insurance. So are you saying that someone with the company, rather than the insurance company, is saying don't pay me? Again, I had a no work slip from the date of the accident to present date. Also, I called the local boilermakers lodge, with jurisdiction over this company, and all they suggested is that I call the main office and file a complaint....not sure what that will accomplish if the insurance company is the one refusing to pay.
 
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#9
Bad Boy Bad Boy Wrote:Hang on here;

Employee was injured. May have been given a no work silp.

The employer honnored such slip by letting you sit and do just that, do nothing at work. Don't blame the employer here. You didn't work while sitting. Has nothing to do with a Port-A-Pot neither. You may not be able to drive, but you were not saying you were restricted from stairs?

Your Attorney gave you the proper advice also. (I spoke to an attorney who told me to go ahead and continue recieving my pay and when they no longer want to keep paying me to sit there, I could then file for worker comp.) You may just need to re-read that part. It states if the employer doesn't wish to pay you to sit anymore then you can go out on the no work order. If the employer is in cut backs, and hours being reduced, they never said they won't pay you. meaning injured or not, you still would be getting reduced hours. You elected to remove your self from work, not the employer.

Who made the proplems here, no one else but you. You should of seaked proper advise before you made your own decision.

If I were you, I would try to get myself back to work, and sit in that trailer.

If I couldn't drive, and they stopped providing transportation to and from the job from my hotel room how was I to continue sitting in a chair? My family, and I, live 5 hours from the job, and all other boilermakers were laid off because the shut down work in the powerhouse was completed. I didn;t have anyone else to call for the ride. Now I understand what you're saying but why is everyone slectively picking statements out to reply to and ignoring everything else I write?
 
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#10
because we are doing what WC will do its a hard road we try to help you and let you know what they will say....we can sugar coat it but what good would that do you?
........I love cats, I just cant eat a whole one by myself......







 
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