I am a full-time worker Mon-Fri is a typical work week. Since June I've requested off 1 day a week for the summer. So I've been working 4 days a week and not the usual 5.
Weds I got hurt took off Thurs came in Fri. I finished the work day and reported the injury from weds. Saw workers comp Dr on Monday.
So far he has told me to take off for 2 weeks (that first Monday then the next week also). I was told I have to miss 14 days of work. The second week I had already scheduled to take off for a vacation (Mon-Weds) so technically I've been told to not work for 2 weeks (14 days) but I would have been scheduled(since I'm off sat/sun and requested Mon-weds that second week) only 6 days. If I go back after the second week how will compensation work.
I've read only 40hrs of work be missed and I receive compensation and I've read 14 days. But how does the 14days work if I already pre-scheduled a few days off while being told to take off?
Your question is fact specific Generally, the law does require. You to have wage loss Due to your work injury over the course of 14 days to result in you being paid workers compensation benefits. Since you were scheduled to take vacation during one of the first two weeks, I believe it is likely that your employer and its workers comp. carrier will then extend the need for. You to have wage loss from your work injury in order for an extra week for you to be paid workers compensation benefits. However, this is an issue you could legitimately dispute since your work injury may ruin your vacation. A judge could potentially decide that issue either way depending on whether you actually go on vacation or not.
You should consult with an experienced. Workers compensation attorney, preferably someone who is certified as a specialist in workers compensation law.
Actually, you can get paid something after you miss eight days. Specifically, you may be able to recover for days eight through thirteen. The fourteen days you are referring to is a separate provision, which calls for the payment of the first seven, once fourteen has been reached.
While your scheduled vacation may complicate the issue, it is not automatic that you cannot be compensated for the time period. Brimmer v. WCAB (North American Refractories), 764 A.2d 104 (Pa.Commw. 2000) will shed some light.
You should contact a workers compensation attorney who is certified as a specialist in workers compensation law.
I am an attorney, but do not represent you. This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
You do not receive wage loss benefits unless you miss 8 day. That is not work days but 8 days where you could be working, even if the employer is not open. You can collect for the first 7 days if you are taken off work 14 days. Even though you were scheduled off, since the doctor told you to take off 14 days that would be sufficient.
I recommend you contact an attorney who is a certified workers' compensation specialist to discuss your situation entirely as you may be looking at a denial from WC. Good luck.
The basic rule is that if you miss fewer than 8 days for a work injury, you get no wage loss benefits and your employer and its insurer get the benefit of treating your claim as a no wage loss claim -- making it easier for them to bury the entire claim. If you miss 8 or more days but fewer than 14 (not necessarily in a row, you get paid only for days 8 through 14. Only if you miss 14 or more days does the comp carrier go back and pick up the first seven, as well.
I predict a strong likelihood that the insurer may test the issue further by having you do a follow up with the company doctor in LESS than two weeks, and pressuring that doctor to change his mind about taking you off work for two weeks, instead clearing you for some form of light duty within that span. If they cannot manipulate that result, they are likely to still pretend that your vacation time does not count toward days missed, since they can get away with that if you have no lawyer and unless and until you contest it.
You also do not state how long you have been working for this employer, but the four day work weeks since June are likely to tempt the comp insurer to treat you as having a lower weekly wage. This is another issue where they will take advantage, even if they do handle yours as a wage loss claim, if you have no lawyer.
The list of issues the insurance company will twist to its advantage in a work injury situation is a very long list, and the list gets longer the more serious your injury is.
Call a Certified Specialist in PA Workers Compensation law. Get advice. If it appears that this will be other than a very short term injury, arrange for the attorney to represent you. A good lawyer who puts his clients first will not pick a fight on any of these issues in such a way that it triggers his "contingent" fee interest if the insurance company is willing to pay without a fight. Under a contingent fee, we only get paid if we win battles for you in court or settle your claim for a lump sum you approve. If you have an injury that may linger or have long term effects on your ability to return to your full work, you have everything to gain and zero to lose from getting a good lawyer involved early.
Tim Kennedy is a Certified Specialist in PA Workers Compensation law representing injured workers only throughout Pennsylvania. Answers are for general purposes only and do not establish an attorney-client relationship.
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