If hurt on the job do you get paid for time off ordered by the doctor?

Asked about 5 years ago - Melbourne, FL

I was hurt on the job as a salary employee but my boss is trying not to pay me for the two days i was off under doctors order. Is this legal?

Attorney answers (2)

  1. Robert David Shapiro

    Contributor Level 15

    Answered . It depends. The law says you don't get paid for the first week by the work comp ins company unless you miss 3 weeks of work and then they'd pay for the first week. Some large employers have written policies that state they will pay employees who are injured for the first week and some policies even pay the extra 1/3 since worker's comp pays 2/3 of your average weekly wage only. If the injury isn't that bad and you're back at work, you might decide to simply forget about the 2 days because they might look to fire you if you get under their skin. The law says that they cannot fire you for filing a workers compensation claim for an injury on the job, but some employers will wait for several weeks and then fire you and claim that the firing had nothing to do with the work injury. IF you think you will have trouble finding another job, you should see a workers comp lawyer as soon as possible. If you need a referral, feel free to email me at advocate1@comcast.net
    Bob Shapiro

  2. Kenneth Brian Schwartz

    Contributor Level 15

    Answered . It is also possible that the employer, not the employer's workers' comp carrier, could be responsible to pay you wages for the time missed. There is case law from federal court that says that an employer that required an employee to attend medical examinations was responsible to pay him for the time spent at the exams that constituted overtime. Your facts might not lend themselves to this scenario, but you should run them by an employment lawyer to find out.

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