Questions about Workman's Compensation

[lrrifleman]

Greetings!

I have been in the work force for the better part of 50 years, and I've never had dealings with Workman's Compensation, until now. Please excuse my dumb question and the ignorance it highlights. Does Workman's Compensation actually compensate time lost from working while healing from medical care? Asking because I am facing the need for a disc replacement, and I don't know how long I will be out of work until cleared to return to work!

As always, thanks in advance for your help!

 

[gjgalligan]

I believe each state varies in the law.
Best to try and find a source of information in your state.
If you belong to a union or some sort of similar group that would be a good place to start. If all else fails try finding a local attorney that can answer some questions you have. Some localities you can contact the local bar association to be referred to a lawyer that will give you the first visit free or reduced rate.
Good luck. I hope everything works out for you.

 

[Golphin]

It is regulated by the state you are in so it can be different from state to state but it should have coverage for lost wages. Also if you have short term disability it can come in to play as secondary coverage. If it gets complicated or you don't think they are paying the benefits they then you should consult a attorney that specializes in WC. You could request a copy of the coverages or policy when talking to the adjuster. A adjuster should also be assigned to your case and would be able to answer your coverage questions.

 

[Golphin]

I believe each state varies in the law.
Best to try and find a source of information in your state.
If you belong to a union or some sort of similar group that would be a good place to start. If all else fails try finding a local attorney that can answer some questions you have. Some localities you can contact the local bar association to be referred to a lawyer that will give you the first visit free or reduced rate.
Good luck. I hope everything works out for you.

Looks like we were typing at the same time.

 

[Greyman50]

Was this due to an accident at work? Big difference. Seeing you live in NJ consult a WC attorney. I was WC investigator for firm in Va. which has different laws. Again, see an attorney.

 

[cherrypointmarine]

Usually the North is much more w/c friendly than down South , but again it varies from state to state . I've had my battles with Fl's w/c , but after I got a good lawyer , things went much smoother . See if your county's Bar Association. has a lawyer referral service . Most will be happy to answer a few questions , you might get lucky .

 

[Alpo]

I've been on workman's comp in Florida and Virginia. They both worked the same.

First they figure up your total salary for the last 13 weeks, then divide it by 13. That gives you an average weekly paycheck.

They give you 2/3 of that.

The first week they don't give you anything. After that you get 2/3 of your average paycheck a week.

If you are out of work for 3 weeks, they will give you that first week.

So for example your average paycheck was $300.

You don't get anything the first week. The second week you get $200 (⅔ of $300). The third week you get $200. The fourth week you get the $200 for the fourth week plus the $200 for the first week, so you get $400. Then after that you get 200 a week as long as you are out of work.

The last time I was on workman's comp was 1992. Things may have changed. But that's the way it worked back then.

I'm pretty sure there was no withholding on that $200, but it's been 35 years. Memory ain't as great as it used to be.

 

[Greyman50]

Mandalitis is the difference…..

 

[jbtrucker]

My workmans comp pays medical expenses and 1/3 of my hourly wage . I only receive hourly wage being at the office on restricted duty . My company short and long term benefits cover time off for illness . Additional coverage for injury would be a policy with Aflac or other

 

[TX-Dennis]

Greetings!

I have been in the work force for the better part of 50 years, and I've never had dealings with Workman's Compensation, until now. Please excuse my dumb question and the ignorance it highlights. Does Workman's Compensation actually compensate time lost from working while healing from medical care? Asking because I am facing the need for a disc replacement, and I don't know how long I will be out of work until cleared to return to work!

As always, thanks in advance for your help!

If it's due to an accident at work, then yes. Otherwise NO. Workers Comp is usually a set maximum amount regulated by your state.

 

[SGT ROCK 11B]

Do you have accrued Sick Time? Also I have Short Term Disability Plan which is anything less than six months. Long Term Disability is anything over six months.

Workman’s Compensation paid me for Physical Therapy so my Health Insurance was not billed.

Is the disc replacement work related? Some jobs will try to put it on your hobbies. That is when you may need a WC lawyer. Good luck.

 

[CalifEd]

Like Grayman80 said, it make a huge difference if your medical condition was the result of working, or could be reasonably connected with working.
This one of the bene's of a W/C attorney - they could make a connection that you would know nothing about.

This is not the time to consult with a friend's BIL that is an attorney unless he specialized in W/C for years.

 

[diyj98]

I believe each state varies in the law.
Best to try and find a source of information in your state.
If you belong to a union or some sort of similar group that would be a good place to start. If all else fails try finding a local attorney that can answer some questions you have. Some localities you can contact the local bar association to be referred to a lawyer that will give you the first visit free or reduced rate.
Good luck. I hope everything works out for you.

Exactly.

Each state varies. In my state, worker's comp pay 2/3 of your daily rate. You have to use your sick days to make up the other 1/3. But I wouldn't dream of giving advice about another state.

 

[2500]

I had a W/C claim in 2019 in VA. (broken leg). They paid for 4 operations and P/T and 2/3 pay. I was out for 10 months before going back on light duty. Working on final settlement now, which releases them from further liability.

 

[Jon651]

Greetings!

I have been in the work force for the better part of 50 years, and I've never had dealings with Workman's Compensation, until now. Please excuse my dumb question and the ignorance it highlights. Does Workman's Compensation actually compensate time lost from working while healing from medical care? Asking because I am facing the need for a disc replacement, and I don't know how long I will be out of work until cleared to return to work!

As always, thanks in advance for your help!

I have had a continuing Workers Comp claim since the late-90s and it is still open to this day, even though I managed to work an entire career and retire normally at the end of it. I have never taken a settlement and never will - the job gave me my problem so they will pay for it until I shuffle off this mortal coil.

The question you ask is legit but best asked to your company's HR department, not here. And even though you didn't ask, I'm going to hand out one piece of free advice: If you ever don't like what is happening, don't agree with your treatment, don't like your doctor, don't think you are being treated fairly, or anything else you don't like, DON'T EVER HESITATE TO GET REPRESENTATION FROM AN EXPERIENCED ATTORNEY. And make sure said attorney is more concerned about you getting expertly treated and well-cared for regardless of how long it may take. That's the advice I was given those many years ago, I took it, and I am forever glad I did.

Good luck and feel better!

 

[lrrifleman]

The injury was work related, while on the clock.

 

[Jimbo41]

As above, it comes down to the details of your employer’s insurance, state law and the specific facts. You may be able to sort through it all and come to the right conclusions, in which case you missed your calling and should have become an attorney. More likely, you’re better off hiring someone to represent you. FWIW, I’ve been dealing with back problems for as long as you’ve been in the workforce, back injuries and surgeries are unpredictable, one guy gets a great outcome the next guy is in pain for the rest of his life and nobody really seems to know why.

I hope you have the best possible outcome, but I would never sign a release for a back injury. Ask the lawyer you hire for his thoughts.

 

[olfart]

My only dealing with Workmen's Comp was when a dog bit me while I was on duty. They paid my medical expenses. A few weeks later they contacted me about the case and wanted to recover their expenses. They planned to sue the owners of the dog. Since I was at that location trying to serve child support papers on their son at the time of the bite, and WC wanted me to go back and serve them with the lawsuit as well, I told WC what they could do with that idea. These folks lived in a small mobile home on less than an acre of land, barely had a pot to piss in. The lawsuit would have been a waste of time and money, not to mention the risk of getting me another bite.

 

[WR Moore]

The injury was work related, while on the clock.

OK, as noted, WC varies state by state. My familiarity is where WC covers you for being laid off, not medical.

IF YOU REPORTED IT AT THE TIME, you may be covered by your employer's on-the-job injury policies/practices. But if you didn't report it before clocking out, you've left the door open for them to claim you did it at home. But, if you're a valued worker, they might let it ride. If you're union, this is a question for your shop steward. If you're not, check with HR and then maybe a lawyer. You might be surprised by finding out what they'll do to avoid having a lost time injury on their OSHA record. Note: the surprise might be go either way, but my last employer went to great lengths in a positive manner to avoid LTI reporting.

 

[dockmurgw]

Out there...somewhere...10,000 lawyers are creating new accounts for the forum just for the chance to send Irrifleman a message.