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  1. #1
    Join Date
    Dec 2007
    Posts
    12

    Default Getting Pay Before Workers Comp Kicks In

    I live in Indiana. My husband is a maintenance tech at a nursing facility. Last Wednesday he slipped and fell at work while spreading salt on the snow and ice in their parking lot, and his back is in severe pain. Since the doc told them he could only work on restricted duty, he was told that day to go home. Today he was told to come to work on restricted duty as dictated by the physician. While he was working, his supervisor told him that he was not allowed to use his sick time or his vacation time for the time he has already had off and has not been paid for. Can they legally do that? Also, since yesterday was Christmas and is a normally paid holiday for him, can they refuse to pay him for the day because he was off for a workman's comp incident?

    Any help would be appreciated

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Getting Pay Before Workers Comp Kicks In

    The issue is that he can't retroactively apply sick time or vacation time - he is supposed to ask for it in advance? Is that in fact the employer's policy, applied in that manner to all employees? (Note also the FMLA issues described in your other thread.)

  3. #3
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Getting Pay Before Workers Comp Kicks In

    Sick time always retroactive and is never requested in advance as it is supposed to be for unexpected illness or injury. Vacation time, on the other hand, should be requested and/or authorized in advance, but has been authorized and paid by this same employer retroactively in the past for my husband on several occasions.

  4. #4
    Join Date
    Dec 2007
    Posts
    12

    Angry Re: Getting Pay Before Workers Comp Kicks In

    So he goes in to the facility he works at on Monday 12/31/07 for the therapy they have decided to give him. Just after he finished the therapy, they fired him for some worked up charges that they can't prove. How does this affect his workman's comp?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Getting Pay Before Workers Comp Kicks In

    You don't make it sound like he was collecting wage loss benefits.

    His medical benefits shouldn't be affected.

  6. #6
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Getting Pay Before Workers Comp Kicks In

    No he wasn't yet receiving wage loss benefits. They screwed him every which way but loose. He won't be able to get wage loss benefits under workman's comp and, the way they worded his discharge, he probably won't be able to qualify for unemployment benefits either. He'll most likely have to fight like hell to get them if he ever does. He can't look for a job in his condition. This just sucks all the way around. We will probably lose our home because of this. I just don't know where to turn.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Getting Pay Before Workers Comp Kicks In

    He should be able to get a free consultation with a worker's compensation lawyer.

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