Hi I am wondering if payments from w/comp ins can be stopped from the insurance, I have returned back to work but with restricti

Asked over 1 year ago - Danielson, CT

so I am not able to work a 40 hr week and I am only on light duty, as soon as I returned to light duty the comp insurance stopped my payments and I have not received a w/comp check in 7 weeks Can they do this????

Attorney answers (4)

  1. Gregory Francis Lisowski

    Contributor Level 8

    4

    Lawyers agree

    Answered . If you have actually returned back to work, the insurance company can stop temp total disability without filing any forms. If you are not earning the same amount as pre-injury you should provide the insurer with weekly pay stubs so that the wage differential can be calculated. The burden is on you to prove your wage loss each week.

  2. James V Sabatini

    Contributor Level 10

    2

    Lawyers agree

    Answered . Based upon the facts you have submitted, you are entitled to a wage differential. Given that the insurance carrier is not handling the claim properly, you should retain an attorney.

  3. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you retuned to work on light duty, then worker's comp. is supposed to pay you the difference from your light duty restrictions and 40 hours a week. Call then and demand payment. If they do not respond then calla local worker's comp. attorney ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    I am not commenting on any workers' compensation aspect of your case. I write to make sure you are aware you may have rights under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Many on-the-job injuries meet the definition of "disability" under the ADA. If they do, you may be entitled to reasonable accommodation for your disability. This would require the employer to alter the way work is done so that you are able to perform the main parts of your job. Your rights under the ADA are separate from any rights you may have under workers' compensation.

    Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&pe....

    You may also have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). To be eligible under the FMLA, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the FMLA are separate from any rights you may have under workers' compensation.

    Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.avvo.com/pages/show?category_id=6&pe....

    You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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