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  1. #1
    Join Date
    Dec 2007
    Posts
    12

    Default Employer Refuses To Pay Benefits

    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. Yesterday 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 is not allowed to use his accrued sick time or accrued vacation time for the time he had to be off and has not been paid for. Can they legally do that? Also, since Christmas normally a paid holiday for him, can they refuse to pay him for the day because he was off for a workman's comp incident? This would make 4 days thus far that he will not get paid and we live paycheck to paycheck.

    I posted this on the workman's comp forum as well but haven't gotten a response yet. Any help would be appreciated.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Refuses To Pay Benefits

    Did he report the injury to the employer? Did he go to the doctor the same day, at the employer's direction or a subsequent day? Did he go to his regular physician or one directed by the employer? A doctor cannot "direct" light duty; the doctor can only "recommend". How long has he been off?

    Is the employer subject to the FMLA (50 employees within a 75-mile radius) and if so, does your husband meet the criteria? (worked for them at least 1 year and 1,250 hours in the 12 months immediately preceding the injury)? This MAY make a difference relative to holiday pay.

  3. #3
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Employer Refuses To Pay Benefits

    Yes he reported the injury to his employer, went to the doctor the same day, as directed by the employer, and it was the physician that the employer told him to go to. He was off of work from the end of the work day on 12/19/07 (after he had gone to the doctor that day) through 12/25/07 and was told to come back to work on 12/26/07to work light duty as recommended by the physician. He went back to the same doctor for a follow-up appt 12/21 and told the doc that he was having numbness in his feet that day. He went back to the doc after work 12/26 because he was in such severe pain.
    The employer is subject to FMLA and my husband has been working there full time for over 5 years, so he qualifies, but has not filled out the paperwork for fmla at this point. Should he do that in addition to the workman's comp? I never thought of that!
    I was told by someone at the workman's comp board here that his 7 day waiting period is complete because it began on the day of the incident and they count calendar days and not working days. He went to work again today after he had therapy this morning, because he thinks they're going to fire him if he doesn't show up. They ended up sending him home early this morning because he was in such pain that he was almost in tears and also had numbness in his hands and feet again.

    Again thanks for the assistance.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Refuses To Pay Benefits

    Generally speaking, Worker's Comp does not provide job protection. Yes, he definitely should have the physician complete the FMLA forms.

  5. #5
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Employer Refuses To Pay Benefits

    Too late...he went into work today after therapy at the facility and they fired him.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Refuses To Pay Benefits

    How long ago was he given the FMLA forms? It makes a difference to what, if any, recourse he has.

  7. #7
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Employer Refuses To Pay Benefits

    He was never given FMLA forms because I was unaware that he could/should ask for them until today. I didn't know that a workman's comp issue was even eligible for FMLA.

  8. #8
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Refuses To Pay Benefits

    The employer is required by law to provisionally designate the absence as FMLA if they know, or suspected, that the situation meets the criteria. The employee is not required to ask.

    cbg?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Refuses To Pay Benefits

    Agreed. I'm not casting anything in stone, here, but I think it would be worth his while to contact the US DOL (which is the regulatory agency for FMLA).

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