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  1. #1

    Default Assigned to Light Duty Work but Can't Do Duty

    My question involves workers compensation law for the state of: My workers compensation claim was made in the State of: PA

    Long story short injured at work. It was a Sunday and i went back to work on Wednesday. The night of the injury i went to the er and the next day i went to a walk in medical center(the job sends us their). I was lifting a heavy object and injured my back. So fast forward a little bit all the doctors so far have put me on to light duty. The job has tried to accommodate me the best they can. It didn't work out since i only could stay for about 2 hours out of a 12 hour shift. I told the supervisor i couldn't stay the night. Morning time comes and i tell the HR dept. that i left early that night and ever night i couldn't make it in i called. She went ahead and told me not to come in just to get a paycheck if I'm injured. She went ahead and told me how the workers comp works that i have to be out for 8 days and so on. Fast forward to today the workers comp claims adjuster calls me. She goes ahead and does the whole give me a recorded statement about what happened and asking about my personal life. If i do activity's outside of work and so on. Then i tell her tomorrow will be the 8th day i have been out. She then tells me i wont be getting paid for that i tell her about the pain im in and that my jobs light duty did not work out. Also told her about the day i went home after staying only 2 hours out of a 12 hour shift. Also told her what the HR dept said.She also called my HR dept and they told her the same thing they told me. She then gets mad and tells me if i don't have a note taking me out of work i wont be getting paid. I keep bringing up the fact about my pain is so bad that its hard to stand on a concrete floor let alone keep going from sitting and standing. She keeps bringing up about me not having a note. Now do i have any say if this matter? The company doctors were putting me on light duty because of the finding of a strain. The mri shows a bulge, a herniation and fluid loss in the disc. If a chiropractor has the ability to diagnose disabling injures would a note from him stand up in this situation? I just feel the company doctors are working for the company and insurance company. If someone could shed some light on the situation it would be much appricated.... Thanks a million..........

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Light Duty but Can't Do Duty

    What the MRI does not show, is a reason why you cannot do light duty. What light duty did they request? Many times it is sit in a chair. They simply want to encourage you to not sit at home. Unless a doctor says you cannot try and work it out. Take a pillow or two or three and request they allow you to get comfy. The goal here is not that you are productive, it is that you are not malingering.

  3. #3
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Assigned to Light Duty Work but Can't Do Duty

    yes, get a note from the chiropractor taking you off work.
    have them send a copy to the adjuster and fax a copy to them as well.
    you can find out more information about workers comp here
    http://www.portal.state.pa.us/portal...=552715&mode=2

  4. #4

    Default Re: Assigned to Light Duty Work but Can't Do Duty

    thanks a million for the link one part in particular I'm looking at i don't know if I'm reading it wrong or not. it states that:

    When are wage-loss payments made?

    You must be disabled more than seven calendar days (including weekends) before WC payments for disability are payable. Benefits for time lost from work are payable on the eighth day after injury. Once you have been off work 14 days, you receive retroactive payment for the first seven days.

    If you report the injury promptly, miss more than seven days of work and your claim is accepted by the insurance carrier, you should receive your first compensation check within 21 days of your absence from work. After that, you will receive a check on a regular basis.

    Payments of temporary compensation may be made by your employer or the insurance carrier for up to 90 days, even if your claim is not accepted by your employer or its insurance carrier. If your employer or the company's insurance carrier advises you that it will not continue your temporary compensation checks past 90 days, or if they deny your claim, you have the right to file a claim petition with the Office of Adjudication for a hearing if you believe you are entitled to benefits.

    SO DOES THAT MEAN IF THEY DENY MY CLAIM WITHIN THE 21 DAY PERIOD THEY STILL HAVE TO PAY ME FOR UP TO 90 DAYS?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,260

    Default Re: Assigned to Light Duty Work but Can't Do Duty

    No, it says MAY be paid for UP TO 90 days, not that you are guaranteed 90 days.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Assigned to Light Duty Work but Can't Do Duty

    Always see your doctor of choice first. They can demand you see their doctor is they wish but you have the right to see your doctor.

    I never go to the company "clinic" upon an injury.

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