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I hurt my back at work last Thursday. i reported my stiffness and pain Friday.On Monday i was sent to the company doctor who

Roebuck, SC |

gave me until this Wednesday off and report to light duty. Will i recieve any compensation for the time off?

In order for me to understand this. I have to be out of work for 7 days in order to collect WC. So in my situation where this Doctor i seen yesterday tells me to report back to work on a light duty basis, i won't be eligable for compensation for the 2 days that i was out? When i report back tomorrow will i get my regular rate of pay?

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Attorney answers 3

Posted

Not until you have missed 7 consecutive days then you could get workers comp. Some employers, not many, pay when you miss but doubtful. If I had to guess you were diagnosed with back strain. Doctor said take a few days then can reevaluate. Maybe some physical therapy. That's typically the standard in a back case regardless of what is truly wrong. Are you scheduled with an orthopedist?

Asker

Posted

Hello, I'm waiting to hear from the doctors office. They will be setting me up with Phys.Therapy in the meantine i will return to work tomorrow what they call light duty. I say it that way because with the amount of restrictions that was checked off the form, it basically is my job so it would be interesting to see what work they will provide for me as every aspect of my job is what they checked off for me not to do while on light duty. I thought the first day of the accident was full pay and everyday until the 7th day was paid 2/3 or a reduced amount? Please confirm. Thank you

Ryan S Montgomery

Ryan S Montgomery

Posted

It's not that simple. After you've been out of work for a certain period of time then the go back and pay you 2/3 of your weekly wage up to a state set maximum. Because you are retiring light duty that won't be an issue until you are written out for that consecutive period of time. Unfortunately it's not as simple as people would like and sometimes it's helpful to get out in front of it all and be proactive.

Ryan S Montgomery

Ryan S Montgomery

Posted

It's not that simple. After you've been out of work for a certain period of time then the go back and pay you 2/3 of your weekly wage up to a state set maximum. Because you are retiring light duty that won't be an issue until you are written out for that consecutive period of time. Unfortunately it's not as simple as people would like and sometimes it's helpful to get out in front of it all and be proactive.

Ryan S Montgomery

Ryan S Montgomery

Posted

It's not that simple. After you've been out of work for a certain period of time then the go back and pay you 2/3 of your weekly wage up to a state set maximum. Because you are retiring light duty that won't be an issue until you are written out for that consecutive period of time. Unfortunately it's not as simple as people would like and sometimes it's helpful to get out in front of it all and be proactive.

Posted

It depends on how long you are away from the workplace. Your work-related injury questions are best directed to an attorney that works in the field of WC injuries.

Good luck to you!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

You need to go and get treated by your own doctor, not the company doctor. Make sure you tell the office that this is a worker’s comp. claim right away. Looking at things in a different light your doctor may keep you off work longer, so do not wait to see him/her.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

David J. McCormick

David J. McCormick

Posted

Since this is a worker's comp. question I have edited it accordingly.

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