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I am trying to pick a lawyer for my workmans compensation case and I'm getting conflicting information from them.

Anderson, IN |

I'm in Indiana, before my injury I worked about 30 hours. Since then, I've only been scheduled 8-12 hours. Last week was 0. Lawyer A states I will be owed the difference in weekly pay. Lawyer B states that I am due nothing because the company is only required to give me hours, not a specific set of hours. Which is correct?

I am on restrictions. There was no position available for me to work, so I did my managers paperwork a few hours a week.

Attorney Answers 5


  1. You may need to indicate if you are on restrictions or if you finished with treatment to get an answer that is accurate


  2. In CA if you can prove that you worked 30 hours was your normal time of employment before injury and due to injury your hours have been cut short you are eligible for reimbursement (2/3) of the remaining hours. Get attorney A if he claims he can do it he will most likely try since he has raised the standard. Good Luck!

    Information provided is not legal advice and in no way creates a attorney/client relationship. Therefore no duties are owed to either party. www.getgreenlaw.com


  3. In many states, such as NC, Attorney A is closer to being correct if your hours are cut due to your restrictions. In NC it is known as "loss of earning capacity" and "temporary partial disability." You need an answer from someone who knows work comp in your state, and each state has its own work comp laws and they are not the same.

    This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.


  4. The fact of the matter is that no one in this forum can tell you which attorney is correct without more details. Most importantly, we would need to know whether your reduced hours are result of restrictions which were imposed as a result of your work injury.

    If you were off work for an extended period of time and did not file a request for an FMLA leave or did not qualify to file one and your employer hired a replacement worker and only has 8 to 12 hours to give you, you get paid for 8 to 12 hours or you seek alternate employment.

    If you are on restrictions and in accommodation of those restrictions your employer is only able to schedule you for 8 to 12 hours, rather than 30 hours that you regularly worked before your accident, you are entitled to the difference (or more accurately, a percentage thereof).

    So the answer to your question is that both attorneys are correct, depending upon your specific circumstances.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  5. In most worker's compensation schemes if you are on restrictions and the Doctors restriction is the reason the Company is not able to accommodate your hours, then you should be recovering the statutory portion of your loss of earning capacity. I would pursue those wages lost through an attorney. Some companies use this situation to starve an employee out and thereby attempt to coerce the employee into giving up on treatment or resigning the employment. You need someone to be on your side to fight for your rights.