I got hurt on friday on the job, have been told by different sources that it's only a 3 day waiting period to receive worker compansation. My work is using my sick days for 6 days and on the 7th day they said I am able to recieve workers compansation. This process if very confusing and i'm trying to protect myself.
Peter explains it well above. It is confusing. To directly answer your question, the employer can do what it is doing. It is not illegal. Not every employer handles it the same way though. Good luck on your recovery.
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It is a 3 day waiting period with a 7 day recapture feature. Meaning, by statute, a 3-day waiting period applies to all disabilities lasting 7 or less calendar days. If the employee does not remain disabled (per doctor orders) beyond the 7th calendar day after the worker leaves work as a result of the work injury, then the worker is not paid for the first 3 calendar days of missed work - but can be paid for days 4, 5, and 6. However, if the worker remains disabled beyond the 7th calendar day, the worker recaptures the initial 3 calendar days and is entitled to compensation for the missed work during those 3 days as well as all days beyond day 7. You are also entitled to recoup any sick days used that should have been covered by WC payments (meaning TTD). Good luck!
The prior responses have given very good explanations. I would only add, that you can search for a workers compensation attorney on this site, by clicking the "Find a Lawyer" tab at the top of this page and then searching for a workers compensation attorney in your city and state. Best of luck to you.
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I agree with attorneys Carman and Wade. On the seventh day, your employer should restore your sick bank for the days you were paid up to 2/3's of your average weekly wage..
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