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02-06-2013, 09:03 PM
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A question on Workers Comp, wages.
This is one of those, I know a person who knows a person question. Maybe between the Lawyers and any HR people here.
If a person say breaks an arm at work, the injury is covered by WC as to Medical Bills.(fairly large Corporation , not Mom and Pop store)
Now if the person can not go back to work for several weeks does the persons salary get paid by Workers Comp at some rate (something like 2/3rds)?? Does the person have to use their available sick leave if they have any? If they do not have any sick leave, again is salary paid by WC?
If due to complications they are out more than say two weeks they are covered by FMLA for there job to be protected?
Thanks for any input or links. I tried researching but it gets convoluted and I am not at a Holiday Inn Express.
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02-06-2013, 09:17 PM
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I worked for a Fed Gov research lab, got a occupational disease and had to be off for 6 mths before having to retire on disability. After injury was accepted by WC they paid 2/3 tax free. This will go on until you go back to work or they take you off. Private industry is a lot easier, and if you need to get a lawyer for your case a lot cheaper. Traumatic injury like stated, is easy, just submit the forms. Sometimes like with the Feds they will try to make you come back to work and answer phones so when the time for settlement comes up they don't have to pay as much as you weren't off very long. Disease is different then traumatic injury but payment is the same. Hope you don't work for the fed gov. Hope you have a full recovery and make sure you document everything.
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02-06-2013, 09:22 PM
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I'm not sure but if memory serves, My friends case......
D. ripped his rotator at work and needed surgery. Comp took care of his doctors and his wages during his recovery.
I wish I had comp.
Don't know about sick leave.
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02-06-2013, 09:29 PM
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If there was an option (usually extra cost) on his health insurance thru work he may have extended sick leave benefits. EXP: I had such a policy thru work and utilized the benefit twice in 35 years. After four contiguous sick days you either went back to work or you went on the insurance payroll at 100% pay for three weeks. If you were still laid up you went on 2/3rds pay thru the same insurance plan. So maybe this guy has company ins? One thing I'm fairly sure of. If he's on insurance or WC payments they don't tax it when they issue payments. Butt Uncle Sam wants his tax money on those payments at tax time.
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Last edited by JcMack; 02-06-2013 at 09:33 PM.
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02-07-2013, 05:10 AM
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Some things may depend on if your WC is administered by the Feds or the State. Here in Ohio the State runs WC and you have to be off work 2 weeks before you can claim lost wages but then the wages go back to the first lost day. We try to bring people back on light duty as soon as possible because it helps both the company and the individual.
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02-07-2013, 05:58 AM
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I was on WC a couple of times during my work career. I was in the Union and the contract and state law determined the pay.
Otherwise, state law governs min. WC and all states have different compensation formulas. IIRC
Art
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02-07-2013, 09:09 AM
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I was on WC for a torn rotator cuff, I had my case settled (w/legal advice). I didnt know this until later, but my company was required to pay me for my time going to and from comp. hearings.
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02-07-2013, 09:18 AM
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Every state has a different WC law, and rates. Federal is different from state law. It depends on where you live and who you work for, and if the injury is considered within course and scope under your particular WC law.
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02-07-2013, 09:26 AM
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Long Story, Short: Employees enroll in APLAC !
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02-07-2013, 09:52 AM
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Sick days have to be used first, after all, you are out "sick", then short term disability and then long term. Sometimes if they really like you they will just continue your salary if you are only out a few weeks and are willing to take calls, etc..
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02-07-2013, 10:57 AM
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Quote:
Originally Posted by jimmyj
Long Story, Short: Employees enroll in APLAC !
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You mean the DUCK? Who I will shoot the first time I see it!
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02-07-2013, 06:58 PM
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Each state's workers comp laws are different. Check with a local workers comp lawyer. Usually the initial consultation/call is free, and even if you decide to have a lawyer represent you, you will probably be better off than trying to handle it yourself. If your friend of a friend's injury happened in Illinois (I know, a long shot) have him or her call me. (312-346-0500) My firm handles these types of cases, along with other injury/death claims. I will be happy to answer Illinois workers comp/injury questions for you friend - at no charge.
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