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larrylove50 · Jan 22, 2011, 05:20 PM

I was injured on the job and my employer refuse to pay me for time loss.What are my options?

AK lawyer · Jan 22, 2011, 05:53 PM

It depends upon which state or country you are in, but generally Workers Compensation only pays for lost wages if you are off work for a substantial period.

JudyKayTee · Jan 22, 2011, 06:16 PM

- and I'll add: was a WC claim filed? How long was OP off work (as AK asked)? Permanent injuries?

I get called in on cases where the injured party didn't file a WC claim and then it's too late.

larrylove50 · Jan 22, 2011, 08:29 PM

I WAS OUT OF WORK FOR (2)DAYS I WENT TO THE DOCTORS AND THE DOCTOR SENT ME BACK TO WORK THE SAME DAY I GOT INJURED WITH RESTRICTIONS (light duty).MY BOSS SAID HE DOESN'T HAVE light duty so he sent me home until my next Dr. appointment (2 days later).When I went back to the doctor he took me off light duty and sent me back to work.At that time my boss told me I would not be paid for loss time.I'm from the USA(CONNECTICUT)

Fr_Chuck · Jan 22, 2011, 08:33 PM

Most states have a number of days you have to be out of work before the insurance company starts paying.

Here in GA you have to be out of work for an entire week before the will pay you. I think your state is 3 days, but you need to discuss this not with the company you work with, but with their workers comp insurance company

There should be a poster on the wall in the work area saying who the company is.

Also did you go to the approved doctor.

Also did you file a workers comp claim with the state and with the companies insurance carrier

JudyKayTee · Jan 22, 2011, 08:47 PM

Originally Posted by larrylove50

I WAS OUT OF WORK FOR (2)DAYS I WENT TO THE DOCTORS AND THE DOCTOR SENT ME BACK TO WORK THE SAME DAY I GOT INJURED WITH RESTRICTIONS (light duty).MY BOSS SAID HE DOESN'T HAVE light duty so he sent me home until my next Dr. appointment (2 days later).When I went back to the doctor he took me off light duty and sent me back to work.At that time my boss told me I would not be paid for loss time.I'm from the USA(CONNECTICUT)

Typing in caps is the same as screaming at me. There's no need to scream at me. I needed more info in order to answer you.

Did you file a WC claim? If you did not (and I'm not even addressing the waiting period until you answer that question) it's too late now.

I know of no law requiring that you be paid for your time off work.

larrylove50 · Jan 22, 2011, 08:58 PM

MY boss said he file a W/C claim but I would have had to be out of work for 3 days I was only out for 2 days but since the doctor sent me back to work the same day the injury happened with light duty doesn't that make it a employer issue and not a W/C issue because my employer sent me home because he didn't have light duty so shouldn't my employer pay me for the loss time (2 days)?

Fr_Chuck · Jan 22, 2011, 09:32 PM

That is correct, if you are out of work because you are injured on the job, you will get a amount, ( normally 75 percent of your normal pay)

But they are correct, you have to miss a certain number of days before they start paying you.

You can not collect for those first days,

They will have to pay for any and all of your medical bills.

No, it is a workers comp issue, you missed work because of the injury, the company is not under any obligation to supply you light duty work, most will if you are going to be on light duty for more than a few days.

larrylove50 · Jan 23, 2011, 06:22 AM

So what your saying is my boss don't have to pay me for the loss time even when the doctor sent me back to work and he (boss)sent me home?

Fr_Chuck · Jan 23, 2011, 08:51 AM

Correct, the doctor did not give you a full release to go back to work, only a limited duties, while many companies will put you at a desk or answering phones , there is no requirement for them to do so.

The company does not have to allow you to come back till you are fully released by the doctor.

So if you were given a light duty, the doctor would also have to give you a release to full duty

But what happens is that if injured on the job, they may requrie you to be fully 100 percent before allowing you back, that is permitted under workers comp rules.

So any and all of your claims will be against the insurance company. Also never trust the company to file the WC paper work, you have the obligation to file it, companies do it often for you, but if they don't turn it in, there is no record with the state.

Again the insurance company will pay all of your medical bills.

You are allowed to use personal time or vacaton time or sick leave for those two days, but that is your days not the companys responsibility

larrylove50 · Jan 23, 2011, 11:41 AM

Thank you very much for taking the time to answering my questions

zarabrady24 · Oct 30, 2012, 12:10 AM

In the UK, you are eligible to file for claim for accident at work compensation against your employer because of the injury you sustained after an accident at work. Under the health and safety law, they should be providing their employees a healthy and safe working environment. A good solicitor may help push through with the claim, they can also offer you an agreement called a no win no fee compensation or a conditional fee agreement, this means, win or lose, you won't have to pay your solicitor's fee, the partnered insurance will cover the expenses. But if your claim wins, you'll receive a 100% compensation, your solicitor will get paid including an extra amount called the success fee.