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  1. #1

    Default Back to Work, 75% Loss of Pay

    My question involves workers compensation law for the state of: Alabama
    I sustained a knee injury at work in January 2013. I informed the employer immediately and was treated at the ER the next day. They referred me to another doctor immediately and I was seen 3 days later. I had an MRI in March and surgery in April for a torn meniscus of left knee. I was a maintenance mechanic at a scrap yard.I was out of work after the surgery being paid 66 2/3% from work comp during this time. On 9/24 I went back to the Dr. and w/c "demanded" my employer that I be put back to work . My Dr. restrictions only allow me to work 4 hours a day, w/c supplemented my pay for this time. I had a fce test done in early October and the DR. said that it was a valid test. Dr. the released me (MMI)with Permanent restrictions stating that I can NOT do my previous job. The employer cut my pay to $12.00 an hour (I was making $25.00 an hour) and now only working 4 hours a day per the Dr. order. So my pay went from $647.00 a week to $158.00 a week. W/c says that since I am at MMI, they end my benefit. I have contacted a lawyer, but he doesn't seem to be in any hurry. My bills are piling up and I need will need some help soon...any advice ?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Back to Work, 75% Loss of Pay

    Yes. Look for a better paying job.

    Why do you believe the employer is required to pay you the same pay for less work?

  3. #3

    Default Re: Back to Work, 75% Loss of Pay

    I am NOT saying that the employer should pay me the same for less work. I am saying that w/c is an insurance company. Their responsibility is to make me whole again or compensate me otherwise. I have no complaint agaist my employer. He has a business to maintain and since I can't do the job that I was hired to do, because of this injury..I find no-fault with them ( the employer) I do however hold w/c responsible since they insure my employer to protect me against my 75% loss of pay. Since this injury, my mortgage payment hasn't changed, or my electic bill, my phone, water, trash pick-up etc....how am I suppose to support myself and my family on $158.00 a week? I am 62years old, who's gonna hire a crippeled old man ?

  4. #4
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Back to Work, 75% Loss of Pay

    yes, you need to find a job that will accommodate your permanent restrictions and provide you full time work.
    you should use your state and county social services for help.
    you can start here
    http://www.rehab.alabama.gov/individ...ervice-general

    there are additional disability benefits to cover your permanent impairment but they will not be enough to live on.
    more here
    http://dir.alabama.gov/wc/benefits.aspx

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Back to Work, 75% Loss of Pay

    Was there any kind of settlement? It is SOP for benefits to end when an employee reaches MMI.

  6. #6

    Default Re: Back to Work, 75% Loss of Pay

    yes, they offered $1,130 That's less that 2 weeks pay

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Back to Work, 75% Loss of Pay

    It appears time you should investigate SS in addition to your job.

  8. #8

    Default Re: Back to Work, 75% Loss of Pay

    I agree, but at this time I don't want to shoot myself or the lawyer in the foot. Waiting on his advice as to what to do. I feel, according to Alabama law that w/c should pay me my loss of wages(since I can't do what I was before the injury) for the 300 weeks, or supplement the difference.

  9. #9
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Back to Work, 75% Loss of Pay

    your feelings are not supported by current Alabama comp laws. comp laws are not designed to make you whole; they are only a safety net.
    if you want extra coverage, check into getting an income protection policy.
    express your feeling to your state legislative representative. if they join with enough others, they can change the law.
    if enough workers make their views known and vote for politicians that support worker rights, comp benefits can be improved.

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