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Is It Legal to Deny Work Hours After Making a Workman's Comp Claim

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  • 06-10-2009, 10:07 AM
    Shadebow
    Is It Legal to Deny Work Hours After Making a Workman's Comp Claim
    My question involves workers compensation law for the state of: Florida.

    My girlfriend works for a major U.S. home improvement corporation. She was injured on the job and claimed workman's comp. Her company retaliated and we sought legal help, which caused them to back off a bit. She has to have physical therapy due to the nature of her injury, and now her company is unwilling to give her the full-time hours she's guaranteed by her employment status. If her therapy falls within a workday's scheduled hours she just loses those hours and isn't compensated for them. Is this legal?
  • 06-10-2009, 10:16 AM
    525601minutes
    Re: Is It Legal to Deny Work Hours After Making a Workman's Comp Claim
    What do you mean, "the full-time hours she's guaranteed by her employment status"? Does she have some sort of written contract that promises a certain number of hours per day or week??
  • 06-10-2009, 07:22 PM
    Mr. Knowitall
    Re: Is It Legal to Deny Work Hours After Making a Workman's Comp Claim
    You appear to be asking if an employer must give an employee paid time off to get follow-up medical treatment for a work-related injury. As her lawyer has probably already told her, no. If she wishes to be paid for the work she misses, she can use whatever sick time or vacation time her employer provides, consistent with its policies.
  • 06-10-2009, 07:42 PM
    jk
    Re: Is It Legal to Deny Work Hours After Making a Workman's Comp Claim
    have her schedule the therapy for when she has time off.


    and repeating what 543213049 asked; why would she be guaranteed full time hours? Does she have a contract stating such? Unless she has a contract, there are no laws mandating any quantity of hours.
  • 06-11-2009, 08:41 PM
    Shadebow
    Re: Is It Legal to Deny Work Hours After Making a Workman's Comp Claim
    Quote:

    Quoting jk
    View Post
    have her schedule the therapy for when she has time off.


    and repeating what 543213049 asked; why would she be guaranteed full time hours? Does she have a contract stating such? Unless she has a contract, there are no laws mandating any quantity of hours.

    When a company's employee manual states that a full-time employee shall have no less than 39 hours a week, I consider that a guarantee. I'm not being snotty, just factual.
  • 06-11-2009, 08:52 PM
    jk
    Re: Is It Legal to Deny Work Hours After Making a Workman's Comp Claim
    a employee handbook is not a guarantee.

    In this situation the employee is responsible for less than 40 hours worked. Even if it were contractual, the employee is the one at fault for not availing themselves of hours that were available to them.

    and an employee manual that states a full time employee will be provided with no less than 39 hours? A company would be foolish to make any sort of guarantee of such. I suggest you look for the disclaimers within said handbook.



    All I have ever read stated something such as:

    full time status; employees that regularly work 39 hours or more per week.

    Provide the exact wording of the handbook.
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